all right team it is six o'clock and we have everybody Welcome Mick welcome Mary we have a we have a full Quorum here so why don't I get going H good evening my name is Bob Connor it is 6 pm and I'd like to call the May 7th meeting of the newb Conservation Commission to order Sean can you read the remote openting meeting law Preamble and take a roll call of the members present good evening my name is sea young opening the May 7th 2024 open meeting I am the conservation agent for the town of Newberry Conservation Commission please let me confirm that all members are present and can hear me conservation members when I call your name please respond in the affirmative Bob Connors yes Brad Duffin pres Diane O'Brien yes Mary rimmer yes Mick Brown yes PJ KY present Woody Knight yes good evening this May 20 May 7th 2024 open meeting of the Newberry conservation commission is being conducted remotely consistent with the ACT relevant to extending certain covid measures adopted during the state of emergency which extends the governor's March 12 2020 order supers suspending certain provisions of the open beating law GL chapter 30A section 20 until March 31st 2025 this order suspends the requirement of the open meeting law to have all meetings in a publicly accessible phys physical location and allow public bodies to meet entirely remotely so long as reasonable access is afforded so that the public can afford can follow along with the deorations of the meeting please note that this meeting is being recorded and that all attendees are participating by video and or telephone conference and the recording will be available on the newbur access YouTube channel meeting materials were provided to the commission members prior to the meeting for review before we turn to the first item on the agenda permit me to cover some ground rules for Effective and clear conduct of our business and to ensure accurate meeting minutes one second I will admit some people okay the chair will introduce each speaker on the agenda proponents will be given 10 minutes to present more time may be allowed at the discretion of the chair after they conclude their remarks we will go down the list of commission members inviting each by name to provide comments questions and motions please hold until your name is called f further for all attendees except commission members and staff please remember to mute your computer or phone when you are not speaking please remember to speak clearly and in a way that helps generate accurate meeting minutes please be aware that the video participants can see you and that you should take care not to share screen your computer unless you have been allowed to do so anything that broadcast may be captured by recording for any reason please wait until the floor is yielded to you and state your name before speaking if the Conservation Commission members wish to engage in discussion with other members please do so through the chair taking care to identify yourself when you wish to speak there will be an opportunity for public comment and question during the public public hearing after commission members have spoken we will afford the public an opportunity to comment or ask question as follows the commission will seek questions and comments at the appropriate time through the zoom raise hand function video conference participants to raise your hand click on the yellow hand that appears if you don't see a yellow hand click on the participation participants button a list of participants will open and display on the right at the bot bottom of this participant area you will see an option to click on a raised hand button please ensure your name is fully and correctly displayed on the participant list you may rename yourself by using the more function next to your name telephone participants raise your hand by pressing hit number nine on your keypad we will then allow questions and comments for members of the public who have raised their hands in order and wa they appear listed on the screen based on when the function was selected each participant will be called upon to provide their name and address of affiliation and will be afforded three minutes to make comments more time may be allowed at the discretion of the chair the proponents of commission members will have the opportunity to reply as needed your hand will be lowered when you have been given the floor for your questions we will then continue down the list of those in the raised hand column and G and again afford time for responses as needed all participants are reminded that only matters which fall into the jurisdiction of the consummation commission may be discussed the live chat feature has been disabled for this meeting everyone is expected to conduct themselves in the same manner they would at an in-person meeting disruptions that impede operation operations of this commission will will be addressed once by the chair and should be acknowledged by the disruptor further disruptions may result in complete removal of the meeting with no re-entry vulgar or Oben actions or comments will result in immediate removal from the meeting with no re-entry finally each vote taken in this meeting will be conducted by roll call vote now you can turn to the agenda okay uh thank you Sean good night good evening everyone uh upcoming meeting dat May 21st and June 4th uh meeting Minutes review we have two we have August 1st and April 16th team August 1st uh there was a glitch on the approved minutes on locating them so we are revisiting uh those minutes because the content could be a little bit different so why don't we take a minute to to look at those they had been previously approved and there's always the YouTube video right Mr chair motion to approve do we have a second second second okay uh all those in favor roll call vote uh Mary um I'm sorry I had a question about one of the items the 34 Turnpike Road there was an extension do we typically provide then how many how long the extension was for in that motion if it's a if it's the first extension it's an automatic three by bylaw okay it's it's different under the state rules so that's why I'm asking but yeah know the local Wetland by law uh it's a automatic three on the first extension right it could be different under the state rules is what I'm saying right y anyway I I think that my other comments are minor enough that I we can approve I did have some other comments but okay well Mary why don't you go through them it's uh this is the time so uh you want us to to clarify that yeah just yes I just if it was for three years then maybe just put in three years and on 18 forom rather than a motion to close the hearing there wasn't a hearing on an enforcement order it was just a discussion so closed I think the motion should have been to release the enforcement order not to I think it was a motion to close the enforcement order I think right so that should just be corrected there okay so so with those two uh as I recall Mary it was a threeyear on on the other one for the extension thank you John if you could amend the minutes re reflecting those comments so roll call vote all in favor with the me with the minor amendments would just mentioned say I Mary oh hi sorry yep TJ I Woody I Brad hi Mick hi Diane yes and Bob Connor's vote Yes okay uh the next meeting minutes under review are the April 16th meeting minutes w we take a moment to review those if there's any comments Corrections of concern Mr chair motion to approve okay do we have a second check in okay roll call vote all those in favor say I excuse me uh we okay we have a motion a second for the April 16th and roll call roll call vote all in favor say I Mary yes TJ hi Woody hi Brad hi Mick Diane yes and Bob Connor's vote chance okay next order of business is h d file number 0501 36420 Northern Boulevard uh yard work at 1620 Northern Boulevard this is think you skipped over some of the no no they there is extension is first yeah it was there was a revised agenda okay okay that was it should be in the drop box okay thank you it's for a extension permit for D file number 050 1364 20 Northern Boulevard uh and it's their the original order of conditions was issued on 92221 uh it's their first request for extension uh and it's by per bylaw it's three years so any questions on this one okay is there a motion to issue an extension permit uh for 20 Northern Boulevard so moved second okay all those in favor say I Mary has has anyone inspected the site to determine whether or not it's a compliance with the original order of conditions just wanted to confirm before we extend it that we know something about yeah I I I don't think there's any work that's been done it was for minor yard work so um I I have been to the site um it it seems to follow the order of petitions I I will look into it a little more um and like B was saying it's for landscaping OB if you want to take over yeah when I went by it didn't doesn't look like really anything's been done Mary okay thank you okay okay so uh is there we have a motion in a second roll call vote all in favor Mary yes TJ I Woody hi Brad hi Mick Diane yes and Bob Connor's votes yes okay next order of business is enforcement order D file number 0501 1243 Newbury Golf Center buffer zone mitigation Sean can you provide an overview on this matter oh I will let people in and I believe that Eric and if his in engineer are here they they can present first okay hi good good evening if you would the please state your name and address and address the commission you're on you're on mute you're on mute if you're oh he just left oh so do you want to wait for him or move on to the next item or have have me uh address situ no I'm still here okay Eric do you have do you have your engineer making a presentation tonight no I'm I'm here I'm here as we presented everything with to the commission and to Joe Saka so the commission should have all the stuff and um from us for uh for the uh storm water management all the plans should have been forwarded and you have all that stuff um and I was really here to answer any questions that the commission had about the everything that was presented from them and then if we needed to bring the engineer in for that but he's been in touch with Joe soaka okay uh the matter before us tonight Eric is the enforcement order do you want to you want to just give us a quick overview or out on that sure so we uh for the mitigation plan and the enforcement order we replaced the trees in 2018 um and they've been in there since we've forwarded all the information and the plans we've had a check by a wetland scientist my engineer um and the gentleman who put it in the horiculture so uh right now you know the health of that is great I don't we haven't had any issues in six years so um you know going forward I know Sean's been out here I know uh um I'm drawing a blank who was there before him she's been she's been out here multiple times checking on it and you know we're we're looking to close out the order as soon as we can okay well like I say the the matter before the commission tonight is the the outstanding enforcement order so all right why don't I stop you there and open this up to questions from the members uh Mary questions for Eric on this enforcement order um yes so I'm just trying to get up to speed here so there was an enforcement order I don't know exactly when it was issued because it I don't see it in the Dropbox um it but it's older it's pre pre 2018 I guess because that's when the trees were put in um so that would predate my time here um the order is the order of conditions originally issued for the site has that order expired the original order of conditions o the work to be done do we know if that order is still I believe we file for extension on that I think it expired and I believe it we filed for an extension on that um I mean it's so old we've tried to you know we haven't been in front of the commission because we're finalizing everything with planning um but I need to look into that if it has but I believe Scott Cameron uh did an extension with that okay so that would be my first question is is you know any work that that's required under an enforcement order doesn't have to doesn't have to be associated with an order of conditions but it's helpful for us to understand where we are in the process if we if there is still a valid order of conditions that requires a certificate of compliance because they're they're going to track side by side you want to CER compliance as well I'm assuming ultimately as well as releas of your enforcement order right and I know the planning board is still reviewing this and and may have some thoughts about whether or not the s is in compliance with their um conditions but I know from speaking with Sean that there is also a concern about more recent violations involving golf balls in the resource area um and that the netting surrounding the Wetland is not high enough to prevent golf balls from entering the resource area so the resource area is being altered not only by the balls but people going in to get the balls and maintaining potentially maintaining vegetation so that balls are visible so um I was at the site last fall and it hadn't fully grown up yet the trees were there and um the trees clearly had been planted but the under story had not come in and it's not clear to me whether it's being cleared or not but the Wetland itself shouldn't be shouldn't be part of your operations so I guess I'm interested in hearing about about that and we can r view the the plant list from your your Wetland scientist and compare that with what the original enforcement order required and make sure that we're good there but I think there's another issue in terms of sure I'd be more than happy to talk about that yeah I be so we have a roughly it's over 10 feet the fence uh going around and obviously the fence is in great shape now with wind and sometimes it does get you know needs to be tightened up um we do have that buffer Zone if you do look at the plan and I don't know if you have the plan up there there is a you know 30 to 50 foot buffer zone and do balls get over the the net occasionally they do but to get outside that buffer zone in the Wetland is really we don't go in there so uh is there something pollu in there with the trees behind the the fence it's very hard for a golf ball to get there and as I was speaking to Sean earlier today we we won every golf ball our golf ball was are 50 cents a piece so we do not want to lose a golf ball um just from a business standpoint so you have that 10- foot fence we have actually a buffer fence at the top of the hill uh that but that 10- foot fence around the wetlands itself blocks majority of the golf balls but there are a few that get over I'm not but they get into that buffer zone and we left that and that was something we discussed with Doug Packer that buffer zone to have that and that was back in 2017 18 when we were under construction are you seeing they're two fences there's a top fence yeah just a small top fence that we put just to block golf balls this is way up there y um and this is just for more labor that they don't go down the hill and it's just a three-foot fence to block golf balls this is 50 feet Beyond in front of that 10- foot fence that's on there and we just put that up there just to block golf balls some photos that you taken of the area as well I do and I can share them yeah why don't you focus on the fencing if you would are these visible can you see the pictures or is it showing yeah you just need to enlarge them we can see them but you need to click on them I think maybe there so so Eric just while we're waiting for those pitches just a a quick question when balls go over your net do you just send somebody to walk behind it pick up the balls you're not doing it mechanically just no we're just walking that's that's in the non that picture is in the non-jurisdictional Wetland that one right there uh we just go behind it we don't do anything with K we go in there with the hands we have a special tool that picks them up it's like a hook if they got to get them down there but it's by hand there's not nothing in there and that buffers on we don't go in that Wetlands this is non-jurisdictional sorry about showing that one what do you mean can you just circle the area that you're talking about that's non-jurisdictional that just inside right that's non there just a little pocket Wetland right there on the slope yeah that's all right there water management which part of us okay so there's that now this is the second netting yes the upper netting that he that's after mentioning that's all tight now that was after a storm that blew it over that's the small one so this was this is the so Eric had updated and sent me photos of the new netting this is existing old previous netting that I had informed him that was not suff or the commission may have considered not sufficient okay uh just a question Sean in in reviewing the file uh the post and netting barrier detail shows The netting being 15 feet tall 78 Diamond patent polyethylene netting wooden post Bas is needed to support uh The netting and 8 in to 10 inch high baseboard uh yeah there it is right there now what is in the field is this is what is this what you have in the field because it doesn't we no we have the netting and then we have you know a little over 10 feet The netting pinned to the ground the B I don't know why the baseboards on there that's not an industry Norm for for range no one has baseboards at the end bottom of it I'm just curious on the height difference where you propos 15 feet Eric we have 10 as you get up higher I mean we could certainly go higher it's you bring in to consideration wind and a lot of other things as you know factors down there we certainly can get it to 15 ft that's not a problem it's probably 12 feet right now we could add a three more feet 11 feet um to that if we needed to is this the upper or lower one lower this is intended to be the lower one that was going to be 15 feet yeah you look at it reference range netting yeah so so Eric just looking at this uh quickly the original proposal was a 15 foot net with wood posts and you don't have that in the field now and I didn't see any wood posts we got some wood post there's metal posts in there I mean it's all ledge down there to be honest with you so it's very hard to go deep into that ground without ripping stuff up everything is ledge as you can see if some of those pictures right behind it you can see all that ledge this is the plan that you guys submitted we did but that that was prior to to You Know Field getting out there in the field and seeing how hard that that terrain is I mean it is it is tough to get in there I mean we can certainly go 15 feet if the commission wants that it's not a problem I don't see it as being a being in the golf business 40 years and consider myself an expert in traj in golf balls and seeing flight that five more feet or three more feet is going to make a huge difference of the trajectory of the golf ball because we have that buffer zone behind it if you look at this plan you see the buffer zone behind it if that's what they if you want we will do it but I just I rather have it firm at 10 12 feet and have it stay there versus starting to get higher and higher with th those that ledge in there and dealing with you know wind I mean there's wind and different snow and you know obviously pulling it over I've been at plenty of clubs where every winter they have 30 40 foot Nets in the range you're having to to adjust them because the higher you go the worse it is with dealing with conditions and with that ledge I can't go that deep without getting in there with a hydraulic Hammer that's the issue yeah know I I I hear you it it just the variance on what you proposed and what was approved and what's in place no I I get it I mean we're talking three to five feet at the end and you know and you're talking at you know 240 yards 250 yards away with a ball flight you'd have to hit at 280 going over there and just to get into a little bit of golf the average PGA Tour player hits it is is 279 so the average person hit out of range unfortunately he's not a PGA Tour player it's hard for them to get it over that net I'm not saying that someone could and they certainly do but from an average ball flight and someone launching that ball it's hard to get it in there you know unfortunately we're we're kind of locked into what you proposed uh originally and we're looking at now the enforcement order it typically if you're going to propose a change you would come in for a minor Amendment on something like that um I think the big issue just looking at it is not having the proper post supporting it and I'll tell you what I would suggest just being in the construction business if you use the metal aluminum post or ganized post you you could use a a jackhammer with a drill bit and and drill down three feet slide the post in there and would would end all your problems and it wouldn't be a big deal excuse me would not be a big deal to uh to do and wouldn't be that in invasive to do but it would give you the post that would help you maintain the net which may eliminate the problem of balls getting into the resource area uh Mary any other comments I'll Circle back with everyone we'll let everyone chat on this one I I think that we maybe need a little more time on this one and maybe a site visit because the photos that I saw from Sean showed quite a number of balls in the Wetland um maybe that was maybe possibly have been cleared by now um but I know that you know the original approval and then the subsequent enforcement order we're tending to protect this Wetland and it we want to make sure that in the end it is actually protected so that I'm not not convinced that we've gotten there yet so I think maybe um we need to do a little bit more homework on our end and try to figure out what if anything is needed to get back into compliance it's but you know having the net not an adequate size to keep the balls out seems like you know that that's a basic requirement that was one of the main conditions of the order of conditions so so Eric just all the questions and answers go through the chair so if we have a question fire we'll ask it and just wait till we okay acknowledge if you would okay uh Brad any questions for on this or for Sean no no questions but the only comment is I I'm um in complete agreement with Mary on on the um the conditions of this this entire uh discussion okay okay thank you Brad Woody any any questions or comments on this ch um no questions but I do have a clarification question um the is the fense the only issue or is there other issues here as far as compliance just the the plantings I think we need to as well plantings from the original order uh enforcement order there were mitigation plantings needed I'm sorry Bob for interrupting no no no Mary that's that's fine here all right so it's plantings in the fence okay and I I guess I agree that maybe we should take put eyeballs on it so that's like what that's all thank you both okay TJ any any questions or comments on this matter yes on the on the netting that's two 280 yards away from the T boxes is there another section that's netted off or is it just that that one can can I am I allowed to speak cly all right I want to go by the rules here uh so there's one at the top of the uh you got the non-jurisdictional netting which is basically in the first wet land but then we're talking about the the 10 foot plus net down below and there's one at the top which is about three feet just stopping the golf balls and that's just put up as a basically to save staff for where the golf balls collect correct and that's that's 280 yards away from the the bottom the bottom one yeah the bottom one okay anything else no that's it thank you Mick any any questions comments on this matter no no I think uh just to get boots on the ground and get my eyes on it before I make pass any judgment or ask any questions so yeah I'm not familiar with the project I'd like to see it thank you MC Dian any any questions on this one I just had a question when you look at the enforcement order and then you look at Matt Burns evaluation that he did it seemed like within areas one two and three plant got moved around and there were decisions being made to relocate trees that weren't doing well and things along those lines was that documented anywhere so we could see the difference between what was originally expected and what is there now so that was with Doug Packard working with Neil McCarthy and because of the conditions of the soil and all the ledge Doug met with Neil numerous times and move those so they would survive as experts I'm not an expert in planting and I don't pretend to be but that was their understanding where Doug said you need to move those you know they were originally put in on the plan and once they started digging down there was ledge just like the entire almost the entire property they move move those so is there documentation I believe in the plan there's notes in the plan about those being moved um I can double check on that to be honest with you usually that would show up on the as buil plan as buil that's it what was proposed and then if there was a variance it would be noted yeah that my question is it noted there because I didn't and then with respect to various you know he talks about the shrubs and trees generally conforming but I don't really um he doesn't say what's not conforming um so maybe that's fine but it was just things I noticed in his plans were sort of not specific so I was just looking to see if it's documented anywhere I can look into that let you know I'll put that in my notes Mary I'm going to circle back to you uh I I think that covers it I and I agree with Diane what she just said too I don't know if Sean has been looking at the files on this so I don't know if he had anything further to add um but it seems like you know it would be good to have a maybe just a have him do a write up for us on where we're at with the with this project from the original order of conditions the enforcement order what was required um under the order for plantings and how that how that compares with what actually was installed I mean Eric usually what we would get on this would be a a narrative you know from your from your your professional regarding tied into the site plan uh identifying any variance and citing you know what little impact it may have or that soil conditions and and I get what you're saying if you've got four inches of Lumin at solid lead you can't dig down 18 inches in plantet tree and it's certainly not going to survive if it did um okay any any other questions for Eric Sean do you have any comments on this matter I do not have any comments I I think everything the Conservation Commission holds okay so what's our pleasure do we want to set up a site visit to see this um my my only concerns Eric is obviously the the post not being stable it is probably has compounded your problem a little bit with balls getting it I get let me look into let me look into those posts and getting at 15 feet because it seems like that's what what the commission wants so let me let me look into it's just what you had proposed originally when we're looking at it and again we weren't part of the original I don't think any of us were on the commission when you went through this originally so I think okay be good to have an asil plan with a narrative okay let me talk to Scott he's written a couple letters to to um about it but it's geared towards planning but I think there's some stuff in there about conservation so let me Circle back with him as well my engineer okay Brad yeah Mr chair I I suggest that uh we continue this discussion pending a uh site visit and more information from the applicant okay all right so what's a pleasure on a site visit Eric I'm assuming you're open you've got a live driving range I I did did drive up your facility today um it it looks good it looks thank you so for safety for safety I would love to have it prior to 8 o'clock so no one's out there with hard hats getting whacked by balls 8 a because we open at 8 AM and people are whacking balls um if that's possible okay all right what uh what day would a I mean we've been typically doing these the following Tuesday just as a starter date um Yep this Tuesday I'm not it's not so good for me um but I could do another morning um it could be Friday it could be Monday it Monday or Wednesday I can do before eight okay so does how does next Monday look for everyone team and again I be here but that's okay yeah I I think as long as two or three people you know a couple of us get out there and we'll be able to uh ascertain where we're at on this Mick what are you what are you thinking you're on mute Mick if you uh uh you're saying Monday uh pre 8 AM Monday 7:30 something like that perfect yeah okay 6:30 I'm out there I'm with you Nick six I got plenty of hard hats soing well it I don't think it's going to take all that long I think we get out there at 7:30 and I think 15 20 minutes will'll be we'll be fine so don't just want can I add something Bob yeah yeah certainly just about reviewing the file so I don't know if Sean can make it at 7:30 but it would be good to have the file with us get out there you'll be able to be there okay thanks Sean okay so we're talking May 13 at 7:30 at the Golf Center and Eric what's that oh I start work at8 so you're Fly You're Gonna Leave a half hour early y all so Eric what what it seems is if you GNA work out a solution on your posts you got it and get the as built and have your engineer do a narrative that's more specifically addressed to your two issues which are the open enforcement order and the Order of condition okay not a problem yeah and then I think we can we can address is there any any other outstanding issues that I need to address besides the planting in the fence again without having an asz to look at right it it's hard to say it when when I was up there today everything looked like the vegetation had taken I mean certainly you had such a wet summer last year that probably okay controlling controlling weeds is a bigger problem for you than than that okay I'll forward all those documents to Sean and then obvious can disperse them to you guys okay yeah I think the Nar the cover letter narrative from your engineer basically identifying any variance from the original proposed plan and the ads built okay okay and what that does is that just helps us layer focus on this and see if we can uh can do bring this to closure okay perfect all right we'll get that I look forward to seeing everybody Monday morning and uh if you need anything else from me just let me know but I'll get that stuff to you guys and I'll see everybody Monday morning 7:30 all right Dian is your hand raised yeah just one quick I I looked at the as built Eric and you actually they did list out the plants that are existing in each area so I think you're 95% there maybe just a comparison to what was supposed to have been done yeah and I actually sent sent some information today that Sean request as well to match that so you would see what nurseries we we bought them from okay so all the quantities and all that he submitted receipts great why don't we do this why don't we put this on the May 21st agenda that that gives you a couple of weeks Eric to to get that doc into us we'll get the site inspection out of the way okay all right well this is an enforcement order we don't have to make a motion to continue this we'll just put it on the agenda for May 21st Sean if you can uh make note of that okay Eric we'll see you Monday morning 7:30 all right great thank you appreciate your time take care okay bye bye uh next order of business enforcement order 105 Northern Boulevard Williams unpermitted yard work uh Sean you can you give us a quick overview in this and I think uh did who's the I think the applicant's engineer was on the site SC Henderson they are good evening for the record Scott Henderson um I'm gonna let Sean sort of give everyone an update uh I have not been involved for that long a period of time so I'm kind of here just to see how things are playing out and give you guys an update on where we're going as far as uh engaging relevant professionals to assess uh the permitted work that was done on the site Sean if you could just give us uh your company name or your address or whatever just so that we Henderson the principal and owner of Henderson Consulting Services out of Lexington Mass okay great well why don't you give us a quick overview Sean of where we're at on this I I have been down and looked at this site as well uh and it it's one of those typical cases team that when you move from one town and you move to a barrian Barrier Island what you could do in your yard in wber and what you can do in your yard in Plum Island can be dramatically different as we know that especially us that live here so John why don't you give us your overview on this sure uh do you want do you want the uh narrative or just um a brief description well why don't you give us the brief description and I think if we have some pictures uh we can look at those and then we can hear from from Scott what what they're proposing yeah so I drove by the site and noticed that there was some Machinery operating I asked the operator while standing on public property to see if they had a permit they approached me they did not have a permit I told them to cease work and the pictures are descriptions so let me pull those up and we can go from there so I I've driven by the site a couple of times team uh to the if you're facing the house from the street the the owners uh were going to put a drive in to the right side of their house uh and they had removed some in invasive vegetation throughout the property of poison ivory and some other uh vegetation and they were unaware that they they needed a permit to do that yep so so the homeowner did not know he's new to the area and did not know that he had come through conservation in order for us to approve what he was doing or disapprove such as building a driveway when he already has two parking spots so as you can see in the pictures this is kind of what TR or what was happening or what happened um during my site in inspection visit enforcement order um it was just unpitted work that I think the homeowner just needed to be uh had given some that of the steps that he had to take in order to um to do work on the beach Barrier Island So currently there is the gravel from the driveway still on the site the homeowner was very respectful and stopped at work immediately even though they offered to remove the gravel right away I wanted to take it up before the commission for you guys to decide on next steps that need to be taken this was the site what how it looked prior based off of Google Images and real estate images so team what Sean did he went out he issued a verbal and stop work order Sean had called me when he was out there and the the owners agreed to stop work and we were going we certainly they needed to come before us uh at tonight's meeting and to to look at what the solution remedies are and uh and and craft an enforcement order to I mean basically they removed existing vegetation to install a driveway uh with driveway materials in a Associated geofabric uh base and and they they they lacked any permitting and from my perspective you know Unfortunately they already exceed the 324 Square F feet by right of existing parking spots so it wouldn't be permittable to expand beyond what they have and um it would seem to me that we should issue an enforcement order a written enfor enement order tonight consider ratifying it uh and with basically uh having the owner remove the driveway material and fabric return the sand move to the rear of the property to repair the former driveway prep uh and then follow with the submitt of a restoration plan and a monitoring plan for review and approval by the commission and I'm saying within 60 days I think if uh if if Scott could do that quicker that that's my my quick snapshot of this yeah I mean if I can add a couple things yeah please do Sean I'm G to share my screen just to have a reference of the um of the site so this is the the marac valley GIS so this is the property here uh the driveway installation in question is the north side of the the existing house uh and the vegetation that you see here on the site mostly you know invasive stuff a lot of poison ivy which is sort of the driver to remove a lot of that um and some sear grasses were all stripped out uh I got a got a call from the homeowner um you know and he was very uh apologetic for doing this I think he's very much willing to uh to remediate what's been done again some of the vegetation that's been taken out that that can't be replaced uh immediately in kind but that is going to be uh part of the restoration plan here as an extensive of replanting um to try and get it back to the existing condition as much as possible uh so there's a few loads of dense grade here uh on the site now just just north of the house uh the intent would be just to strip that out to take the stockpile material that was moved uh to accommodate that dense grade uh and redistribute it back where it was um no import or export resulting from you know what we'll do uh and then we've engaged Bill Manuel to to assist I'm preparing um a restoration planting plan I'm going to handle putting together sort of a plan itself um shows you know relative to what's there now what we're going to do um in a formal submitt to the board uh so that you can kind of see in detail exactly what we're going to do and have the ability to uh administer and monitor that for uh a couple growing Seasons um so that's basically you know what we're going to do um like I said we've only had about a week uh or so so you know spring rush for engaging surveying in Wetland Consulting we didn't have a chance to put something together for tonight but we wanted to make sure that you know that uh we're moving on the right track so okay all right uh so team it this reminds me of some other matters we've had and the when you go to the lot it's easily to Define what the original grade were where the driveway was was being put in if you visualize they've dug out 4 and a half five Ines of sand put that in the backyard and then brought in a sight pack to bring it approximately back up to grade uh that's that's the the big issue as far as what's been done on site uh excluding certainly the vegetation that's been Disturbed again it seems to me that having the owner remove the driveway material and fabric and get the sand back where it was re returns it back to its original grade doing any type of planting probably isn't advisable at much after May or or before probably early uh early October um but that's kind of my my take on this Mary what are your thoughts uh yes I agree I think you know remove their M defending material that that shouldn't that's non- dun compatible material as soon as possible and um submit a restoration plan with uh you know restoration plantings and I think submitting that maybe by the 21st might be a little tight but the following meeting um so that we can get that take care of as soon as possible I think that one of the challenges will be to determine what the elevations were prior prior to the you know the violation yeah it it actually maybe when you go out there it's a fairly it's a fairly flat lot the the grades follow the side road that goes down in the back yet oh good okay so it you you can when I was out there looking at it know the owners let me on the property and you can actually see where the grades were because they didn't dig tight to the house or tight to the fence so at all the material nothing was hauled off site it just been stockpiled so could be right and I think where this is you know we can handle this as as an enforcement action and not necessarily require a full notice of intent although we could but if we don't feel like we're getting the the kind of response that's needed but um I think having a doing this under an enforcement order makes sense yeah well I agree okay Mary Circle back with everybody before we we go on Woody what are your thoughts on this I agree with what's been said and um get it back to what it was before that's all I have to say thank you thank you witty Brad what are your thoughts on this one I think we're on the right path Mr chair thank you okay TJ how about yourself nothing further okay mick how about you just um once I understand the timeline following the uh stop work order that's when the owners reach out to Mr Henderson to obtain some Engineering Services is that correct yeah all right so um and just I know I haven't seen it yet Bob or Sean uh just based on the changes and grades do you do you think there's any need for any temporary whether it's matting or or some type of containment for erosion control or or you know seeing all the vegetation been removed it's it's a relatively flat yard and it's on landwood side that it isn't that it's getting wind driven sand or anything like no I just and it looked like it wasn't a lot of vegetation in in adjacent properties but just want to make sure that we cover that in the enforcement order if there's something that needs to be done you know prior to the next meeting to you know control what's on site now and unprotected okay I can make an assessment site visit and assessment and we could put in you know something if needed so I can report back to Sean and sort of if we there's a just so we we can check that box Scott U make sure existing conditions aren't going to you know have have an impact on other properties the roadway things like that so understood right thank you thank you MCD to to to clarify uh this the start of or when this enforcement was issued it is the homeowner that was doing the work nobody was for hire here right okay thank thank you Sean Diane any any questions on this one no nothing new thank you okay so so team I think what what I would suggest is why don't we actually issue a written enforcement order uh actually Sean I I actually had prepared a draft and sent it over to Shan and the provisions would be owner to remove driveway material and fabric return sand move to the rear of the property to repair former driveway prep and then when we and require it's sub middle of a restoration plan and a monitoring plan for review and approval by the board I suggested 60 days just knowing how the struggle is and we can't do planting we wouldn't recommend doing plantings during that time FR anyway but that would be my suggestion Mary what are your thoughts that that sounds fine although I think now there student grass planting happening year round now that they have ability to do that but it I agree with you in in principle um Bob I don't okay yeah I mean what what I visualize Mary is that they're going to be doing a Dun grass planting 12 inches you know 12 in Grid and and returning it in that fashion I just know other people have had trouble getting uh dun grass during the summer they don't Harvest it it seems till it goes dormant in the fall but yeah it's more expensive in the summer Heidi has her hand raised so James has his hand raised the owner of 107 105 my um question is kind of proactively I was able to get uh place out of Cape Cod had some Doom grass I bought the remaining bundles they had so if we can I'll still put together the planting Proposal with Scott and uh bill but if we can get it back to where it was I'll proactively if it takes this late in the air it takes if not we'll pull it out and do it again in the fall but I figured if we can get in I probably have a thousand um seedl SE seedlings so I just bought out what they had cuz I knew we had to get planting back I just wasn't sure you know so I didn't know if we can get the ground back and I'll I'll do what I can do for now until and we'll come back with the planting uh schedule for you so Jim if I if I hear you you're you're thinking that uh you're going to remove the material you're going to bring the sand back in back to the original grade and and then prior to you actually submitting the the restoration planting schedule you you're just going to endt take putting in the dun grass 12 in on Center in a grid well right now right now I've got them sitting out on the side of the house and we've been watering them I don't know if they're alive or dead but I grabbed what he had left and there's none available to the fall so I talked to the guy and you know a matter of you know what we'd need moving forward he could have it for me in this fall um that's what you know yes just to add to that there there are some areas of the site particularly in the back um that the grade change was you know minimal if not you know insignificantly it didn't happen at all you know a lot of that grading was done on the on the North side with the driveway and then where that material was stockpiled but there are areas where the grade right now is effectively what it was Prior um the vegetation was just stripped so in those areas it seems reasonable to attempt to uh just plant now because the restoration won't call for any sort of earth work um you know and then stripping out the DSE grade is a pretty straightforward process knowing where that is uh stopping once we get back to Native material uh and respreading so if the board's amenable we can kind of do uh a little bit of the work before we prepare the detail plan if that's all right uh and if there's amendments to the plan down the road just because if um homeowners already purchased this material there's no sense of Wasing it Y and the the good thing all the site pack is sitting on a Geo fabric so the separation from Sand you're going to be able to get 100% removal of that so okay I the only thing I would say to the homeowner is that whatever plan thing you do you kind of do at your own risk So the plan is adopted but it would seem if you're going with a 12in grid spacing that would that would likely be what you're going to submit anyway but this okay all right uh any other questions from the members no just I would advise you not to do any work until you get the enforcement order so you can be clear on what the conditions are yep so what I'm going to suggest is why don't we ratify an enforcement order with the following verbi and then Sean can issue this generate this and issue it uh and it is to under paragraph C uh owner to remove driveway material and fabric return sand move to rear move to the rear of the property and to repair former driveway threat uh and submitt of a restoration plan and a monitoring plan for review and approval by the commission within 60 days if you get it in earlier that's fine we'll amend we'll consider amending the enforcement order at that time to adopt the restoration plan if everyone in agreement on that I would accept a a motion moved to ratify okay okay roll call vote to ratify the enforcement order as mentioned uh Mary yes Woody yes Brad hi TJ hi Mick hi Diane yes and Bob Conor V chess so you know to to the homeowners you you can once you get the enforcement order you can proceed whatever planting you do it's kind of at your own risk to that plan is adopted and included but I think you're on the right track thank you thank you so much everybody thank you everybody thank you okay next matter before the commission is it's a request for determination it's our file number 444 6 Northern Boulevard remove sand from building Sean can you provide an overview in this and a recommendation yeah so Frankie is here and he he can present uh do you need me to share a screen or will you be sharing a screen I can I can share if that's okay you guys okay yeah Frankie why don't you just give us your full name and your address sure uh full name is sorry I'm disconnecting here um full name is Frankie Gwyn Francis Gwyn uh Dressed is six Northern Boulevard in Newberry nice to meet everybody I will go and share power oh my gosh I'm getting share I'm getting the security I should have done this earlier I just had to reinstall Zoom all right um Sean do you want just so I don't hold everyone up do you want to share what I sent over to you we we'll miss out on the little animations but I'll keep it pretty quick I'll just say skip because a lot of this I just have in as um photographs that we can look at and go back if needed but uh I can kind of go quick recap and overview yeah why don't you give us your overview and then with some supporting pictures and then we'll yeah see what questions we have the members a what a bummer that I had to reinstall zoom and now redo permissions bummer um so overview is uh is we're we're hoping to get permission from the board um to to review or to remove some of the sand that has built up over the last two to three storm Seasons um across the the the Atlantic side uh of the house we've got a we've got a condo unit it's three condos I'm one of the owners um historically here you can see that um the Sands are are well sort of under control um we kind of do it manually we remove structures Every Spring uh sorry we remove sand from the structures Every Spring just with wheelbarrow kind of Bucket Brigade and and uh and have um have the uh wheel wheelbarrows trucked out over the um uh planks of wood to to sort of reinforce the dunes over the last couple of winters we've had some really strong storms that have blown this sand as you can see um right back up against the houses it is now at a point where um stuff is buried under multiple feet of sand we're pushing up against the fences um that fence in the corner if you advance just one more Sean um is actually breaking a little bit to the point where um where it's falling onto the path that that connects um the road to the beach between the two between the between the units um so this is where we're at now very deep sand it is it is beyond what we're able to do with um just wheelbarrow and planks and the old Bucket Brigade method um just due to the the immense amount of sand and just getting up over the doomes with some of the sand um is is very tedious and difficult to do um with the with the plank and wheelbarrow method you can go to the next one there so um yeah the walkways you can see here uh it's difficult for elderly are disabled to access the building um the unit the unit 3 owner does also have a special need child that makes it difficult for him to get into the building as well um the structural damage I've kind of circled the fence here where it's there's pressure it's pushing through it's coming down under that path um and then it's holding moisture obviously against the wooden siding against the house there as well so we can go to the next slide um so what we want to do corrective action wise is um use a walk behind Track Loader just bring it up there um and over the course of two to three days be able to scoop it out drive it back and dump it um from the red areas to the green areas here um so taking it out to the edge of the property which you can see is kind of lower than the rest of the Dune area there um and kind of build that Dune back up um we're hoping to do this in in three days for the three-day rental of of a of a walk behind Track Loader so we can go to the next slide there um and then sort of ongoing sustainability we would hope to really prevent or or you know not have to do this in future years um but uh looking to sort of build a fencing area so that there's just one in and out across the dunes versus right now where it's all flat there is no growth um you can freely walk uh in and out on that on that um that private Beach area that that exclusive use Beach area for this this um this condo um so we would hope right now that by planting that and protecting that once we built it up that the beach grass from either side will start to come in it's already starting to come in just a little bit but I think if we can fold it there and put some fencing in um at the diagonal I actually updated the slides a little bit to show in the front have that diagonal fencing going in so that it will collect like more of the sand throughout winter storms in the future and just fortify that Doom while it's allowing that beach grass from either side to to just come back in and repopulate it and prevent more sand in the future from just coming up against these houses and these structures um I've got a yeah the last one was for questions I did add at the end um of another slide that I'm not sharing right now obviously but um the information on the RDA the information on the um the newspaper ad legal ad uh notification that we published on April 26th in the new report news um and I've got some projected cost for the project but I'll pause here to see if anyone has any questions or thoughts okay thanks Sean for sharing that so let me let me start with you Frankie yeah it didn't look like you had any vegetation where you wanted to stockpile the sand that would correct okay and you know certainly putting in a snow fence before winter would probably go a long way to helping you from dealing with this we we did that last winter and it um it has now that snow fence is now covered and so that Dune came up a little bit which was good um but yeah we're hoping to to now put Dune on there and more snow fencing just to hold that Dune in for sure okay all right questions from the members Mary questions for Frankie on yeah um I'm I'm just concerned that this is a notice of intent and not an RDA you're changing the Dune form and volume you're directly impacting the resource that we're supposed to be protecting here so um I don't think it qualifies as da and also that you're in priority habitat so you wouldn't be able to do the work without natural heritage approval and you're outside of the time of year window for allowing this kind of work to happen so You' likely need to have some sort of a plover monitor in place um and was my other point um this is similar to like the blue that we we requireed a beach management plan I think that the activities that they're trying to do they're trying to get approval for you know maintaining this in the future as well and creating you know a sort of a permanent acccess way it should probably be addressed as part of a beach ongoing Beach management plan so that they don't have to keep coming back to us every year when the sand blows up onto the beach so the RDA is just a temporary thing if it was just hand removal with digging out the stairs and things I wouldn't have as much objection to it but there a fair amount of sand that needs to be moved it's important where it gets moved to and how gets moved um and we also have the the natural heritage issue that is the right the depending on where they place it it looks like the line is very close to the back of their house and also unfortunately Bob I'm G to have to hop off in a second but I will okay um come back on okay thank you Mary fry let me ask you question I'm familiar with the property I knew the the fmer property owners you have patios out there as well isn't covered right now yeah okay so you're basically trying to remove this material from existing yard features correct okay and putting the S back where it blue correct okay all right uh TJ questions for Frankie on this one um I I was wondering if there was a little bit more to this I mean I certainly understand needing to get that sand off the decks and out of the uh ENT trees and and uh walkways and things like that um I just don't know the extent of how much sand you're you're moving um and from what areas if it's just on the decking or if there's you know the dunes that are up against the fences is that just all Dune is there any structure underneath those or um the Dune it's it's all sand yeah that is up against the fenes that's now pushing that fence and and and breaking it um sorry what it are is there any structure underneath it is that what you're asking like pavers or oh oh yeah in Parts there are pavers yeah there was a there was a paer patio there that's completely covered um there was kind of a um a a walkway that went to an outdoor shower uh area and that's completely covered as well um so yeah pavers pavers and wooden walkways okay that's it bob okay thank you Woody any any comments to this um I have no com I just have a quick question um the walk behind um track um loader yeah I have experienced with equipment but that's I guess my question maybe for Bob uh is that sufficient for the beach will that do well well you know it's on tracks Woody and it's in their yard it it's probably the minimal amount of equipment you could use to do this and Frankie's going to spend a lot more time than if he had a a little Bobcat doing it but for sure yeah minimal was kind of what we were hoping for as you're saying yeah least least invasive way of of doing it I mean so Frankie I think the big thing here is U you're we run into this all the time you have nesting season now that's between April 1st to pretty much the middle or end of August and and typically you can't do any any type of work now yeah I have one thing to add to that yeah so okay let me continue let me do this let me just continue on with questions Frankie okay sure the members can collaborate and see what absolutely what options we may have Brad what are your thoughts Mr chair I I think that you you hit the the nail on the head when you talked about minimally invasive I agree that the natural heritage issue needs to be highlighted uh I can see that this work should be completed sometime after the nesting migration uh of the clovers uh sometime around or after uh the middle of August so uh I I think I commend the homeowner for trying to maintain their property and and uh restore and maintain the dunes okay thank you Brad Mick what are your thoughts on this one uh no I I I see a couple know there's definitely a safety issue there with access to the properties and and damage to some of the structure that's my immediate concern yeah and uh also the other side of it when I was reading through the initial proposal or uh presentation part of the meeting it really wasn't a clear defined plan excuse me on how the sand is going to be deposited back on to the beach front and I think that's veryy mentioned that uh Beach management plan so like looking at existing grades and you know what's you know what's it you know the volume of sand that you're going to be moving out what grade are you going to bring it to we can capture all that in a in a in a beach management plan but I think too we need to maybe consider what work that could be done say in the meantime prior to the August date to make this property a little bit more accessible a little safer you know especially if you've got you know someone who's got special access needs and maybe that's maybe that's just doing what you can do by hand um but you know just something we we you know you may want to consider Frank um as part of like the ongoing proposal maybe do it in stages is what we plan to do by hand right now and major restoration at you know you know at the end of the summer yeah yeah you know what what I was thinking Mick was that certainly they should have the ability to remove the sand against the because it's impact structure and to clear the walkway for Access and to you know uncover their their actual existing patio much beyond that you you're G to have to do Frankie you know after the fact I got you um there is no uh bird fencing this year within sort of 100 feet of the property I don't know if that Mak any difference at times uh the last two seasons there has been Clover fencing in front of the property um but we're completely clear this year well you know what if you look out your window you they have it there oh it is there oh yeah okay I hadn't been up I hadn't been up this weekend so so what happens isor natural heritage has a map that shows critical habitat and and part of your yard certainly is is within that okay you can't do is I think uh let me stop there di what are your thoughts I don't want to no it's it's been said I just know I'm familiar with where that is and it's near the public beach area and the thought of having anything that looks like heavy equipment in the area um it will send red flags everywhere so with the with the nesting and and all that at this point in time especially Sean let me ask you a question can you pull up the natural heritage uh map on that for that lot I can try what what I'm what I'm trying to figure out Frankie do you have 30 feet in front of your house on the beach side that's not in the critical habitat gotcha if we if you're going to do anything within the critical habitat we we have to go to natural heritage so right they're basically going to say you can't do any work between April 1st and and August 31st this to give you some sort of a temporary solution to is that the second way out of the building for each condo is that the second exit it's the primary exit for for one of the units it's the second exit for another unit okay I will share my screen here and if Frankie could help me describe which property it is yep that would be great so I think it's this one here where my mouse is uh one right below that where your mouse is that's our neighbor yep that guy right there oh yep yep there it is sorry that was eight Yep this is six problem okay so the yellow line defines the critical habitat gotcha Sean I'm asking you actually yep uh yes so if I turn that map on I mean that layer on off that is the priority habitat of rare species okay and you're number six okay so team what what I would entertain would be issuing an RDA so they could he could remove some sand the walk behind machine I don't have a problem with that that that's more of a motorized wheelbarrow than than anything else uh but I think you would need to coordinate this with the the agents so that we can't do any work at dispose of any sand uh in the critical habitat got it and I think make that kind of satisfies your concerns as well as far as impeded by wind driven sand Mary brought up a great pointed it it's uh you need that secondary exit so if this is the primary for that property yeah very good point all right so why don't we float that idea of considering issue a a negative determination with the conditions that um the what was that walk behind machine you were going to use Frankie a walk behind a dingo I think it was a Toro Dingo yeah identify the turo dingo could be used but no work and no sin and enter the critical habitat area because that just adds a whole level of jurisdiction I don't know where you're going to put all your sand Frankie yeah but you might be able to get it out of the way so it's not to get it out yeah okay and how will that area be marked so they know where that is I I think you could scale it off Sean you could probably scale it off usually these have uh what's it scale is 16 ft to the foot or to the end yeah if I mean we can figure something out I want to derb natural heritage no no no listen we uh we don't want to go there Frankie you don't want to go there you'll it won't be worth the uh the juice won't be worth the squeeze fair enough what are the other borders there at the back of the house the the blue the the green line does anyone know actually can you can you scale up on that Sean zo yeah there's other there's something else going on there and I'm not familiar honestly Wetlands yeah you get the you get property obviously the magenta color is the property proposed property L yeah I got that one okay there's a so that is the wetlands so it's basically saying these are all the categories of what falls under Wetlands protection act can you just leave the layer for natural heritage that's it right there okay and there's six and then okay theine near future Clos your line we don't have these here okay that turn off so it's 16 feet to the inch it looks like what the scale is under Mass mapper y somewhere around there 16 feet to the house why don't we if I go to the site I can probably see what onx says okay and well why don't we why don't we do this why don't we consider allowing him uh to remove sand you know off the the fence the stairs patio uh up to 16 ft from the property from the the structure dis guessing Frankie unless you're going to get a surveyor out there to yeah locate that yeah that makes sense so up to 16 feet from the N National Heritage line no disturb no no disturb 16 feet uh from the house in excuse me okay we cannot disturb anything 16 feet or Beyond I know if from the house no work no work no materials can be moved or altered in the uh critical habitat 16 feet out from the current uh structures the current buildings just you it could certainly be more than that Frankie but it I mean your host does sit back quite a [Music] bit understood all right so I'll entertain a motion for a negative uh determination with the following conditions uh that the the applicant can remove the sand from his structure against the fence uh that no work will be done within the the critical habitat and it's limited to 16 feet off the structure so moved second second okay all those in favor I okay uh TJ roll call Woody hi Brad hi Mick hi Diane yeah and Bob Connor's uh V is okay Frankie good luck you'll you you'll be tired of that Dingo pretty I'm sure I'm sure uh just for my own reference of following up is there anything I need to file uh going forward um what are next steps I can follow with Sean on that yeah you know what to do so that would be yeah talk to Sean write it up and wait wait till you get that and it's just critical that you don't go beyond the scope because y the minan and the natural heritage we can't help you I understand okay thanks guys all right thank you okay next next matter request for determination of applicability uh our file number 44323 Columbia Way removal of dead Trees and Landscaping John you want to give us an overview on this sure so we have Columbia way okay I think that the homeowner for Columbia Way Mark is having or was is having trouble um with his Zoom so either is he here Mark if you can raise your hand if not oh yeah I see you okay okay Mark good evening why don't you're on mute why don't you uh give us your name your address and what you're what you're looking to do you certainly have dead trees in you and I I live on Annapolis way I drove down your street today and I I was frightened the park in front of your house with all the dead branches hanging in you're you're on mute Mark if uh you guys see him yep yeah okay how's that there you there oh there we go welcome so Mark if you can give us your your name address and what you're what you're looking to do okay my name is Mark Woods uh I'm actually the father and co-owner uh of the 23 Columbia way my son's name is Scott Woods uh again 23 Columbia way uh the situation here is again we have two dead trees we to pull up do you need me to want me to pull up the pictures or well why don't you do this let why don't you finish your let us know what you want to do and then we'll pull up the trees Mark and we'll address these one at a time okay uh we just purchased the home and closed on it less than a month ago uh it was a home that sat vacant since uh November of 2020 so uh it's in need of repair in and out of uh the property uh but in particular there are two dead trees uh right in front uh of where you park on the street uh so we we they are quite dangerous the dropping branches and they they're they're in the power lines etc etc uh so there's a concern there of safety wise as well uh there along with that there are cement cinder blocks that have been used in the past to to prevent uh erosion so we'd like to uh we'd like to use those again uh with the proper amount of sand and whatnot uh essentially around that area where the trees are uh we also intend to add the necessary vegetation uh again for the erosion around those two trees or to prevent the erosion uh let's see yeah that's pretty much it I mean it's it's again it's right now it's a safety issue and you know down the road it's going to be erosion so uh okay why don't I stop you there mark and see if we have any questions Sean if you can pull up the pitches uh was there was there a little plan showing anything on this or was it just a picture show just a pictures just pictures and a narrative that I think you just read yes yeah I still by the property today guys the these trees are are dead and they're between the house and the street as you can see and [Music] and certainly you know there's a safety safety issue here so scroll back down to the bottom there so Mark you're looking to remove the two cut the two trees typically we let you flush cut them to the grade uh so not to further disturb the you know the bank and are you looking to just get rid of the I'm going to call it the debris other than the steps is that what you're to do with I I you know I'd like to use those cinder blocks again because I think they'd be useful in preventing erosion if we could add additional sand maybe uh whatever is recommended I guess uh you know typically we would you know under an RDA uh what we can do is we we can certainly entertain letting you remove that debris from the property you know snow fencing or oh yeah that's already been removed okay okay and and flesh cut the trees because it's a safety issue if you're going to get into Landscaping planting and all that stuff it it just gets it to another level that an RDA may not be the appropriate vehicle to proceed on I see so what I would suggest and I'll will Circle questions for the members uh is I'm comfortable proceeding with under a a negative finding of an RDA to take down the trees um but again what you would do would be cutting the the trunk flush to the you know as flush to the surface as possible without digging out the the stump okay okay and and any removal of debris I mean if you wanted to oh I see that that block wall was almost like a little containing wall there yes okay okay all right let me stop there and open this up to questions TJ what are your thoughts on this one what are your thoughts on the tree and then um how far are you comfortable going on an RDA with the the other items that been C certainly with the tree and cleaning of the debris um needs to be done it does look to me like that's just those those are retaining walls already there that yeah are existing there's some of different material you can see the uh to the left more like block or not just uh I don't know what they are but um almost it looks like a it looks like a retaining wall already yeah you're right yeah I think those uh Granite blocks sit in front of cinder blocks for the most part just to give it a cleaner look mhm uh so let me let me let me rephrase this what you're looking to do is to repair an existing wall a block wall and remove two dead Trace pretty much okay all right TJ any any further I'm going to loop back with everyone no that's it okay Wy what are you what are your thoughts on this one I agree the trees need to go and how the best method to do that has already been said and then as far as the block walls if he wishes to keep them there just to clean them up a bit I sure that's okay all right thank you witty Brad what are your thoughts on this one uh I agree that the tree should come down and you're maintaining existing existing structures uh which clearly needs to be repaired okay uh Mick what's your feeling on I agree with those statements uh again flush cutting I just I think when we move Beyond like uh Mr which if you're going to be doing any planting that really I don't think Bob we can cover that under an RDA right no no need to get into a planting plan and and all that other stuff so well I think what's interesting though Mick if he do I think he we should address the two issues on the RDA on the planting if he's using native plants I I'm not even sure requires approval from us there's a list of approved plants they can be added but I think that that would maybe be step two for the applicant right otherwise we're not going to be able to take we'd have to continue this tonight to really get into the planting and need some more information yeah like I like I said under the RDA I think we can cover the removal of the trees and the and the restoration of the wall okay yeah thank Diane what do you think what's your thought I was just making notes to myself saying don't remove the cinder blocks because if they're part of don't remove them as debris because then we don't have an existing wall exting of Grandfather yes so um you know if they just need to be put back where they strayed from um you know don't start changing materials or things along those lines or digging you know larger tiers or anything um if you're just repairing what's already there then I'm fine with it okay so team why don't we do this I'll entertain a motion for a negative determination for 23 Cumbria wave for removal of the dead trees and repairs of the existing retaining wall so so moved second okay roll call vote those in favor TJ hi Woody hi Brad hi Mick hi Diane yep Bob Conor's V Chas so Mark what I would suggest is get this done talk to Sean and Sean do some research for me I my my memory tells me that we have a list of preapproved planting that if you use um that I'm not sure whether require any further if you just planting without change in the grade we do so since he's in here for an RDA um that could extend to that we're in here for him to ask questions and what what kind of work he can do and the the Newbery town website does include a planting list and a do not plant list um information so yes that information is provided on our website okay so follow up with the with the agent once you get your frees down and your walls restored and it we'll see what other steps you need to take thank you thank you okay we have a request for determination of applicability our file number 44264 Southern Boulevard for installation of a 14kw generator and automatic transfer switch uh so team I actually drove by this site uh this is the house that's on the corner of Southern Boulevard and Har Harvard way uh the house is on is on pilings it's elevated it's a fairly level lot um and is the applicant here yes question he if you could give us your name and certainly your address sorry review what you're looking to do uh Mark Brown at 64 Southern Boulevard uh we're hoping to install a gener standby generator um mainly to run the some pump was on quite a bit this winter um and Morel has come out and looked at it and Townson has come out um I'm told all the paperwork has been submitted and I'm told Sean stated it's not in the flood plane or flood zone so to to to to to to correct that um or have um I don't know how to say that um anyways yes so the house is in a if if you mind if I take over yeah okay so z x it's part of zonx and part of AE when I went through the pictures or or from the uh generator company they are placing it in the flood zone according to the pictures as best practices uh maybe move it out of the flood zone in zone X that way you're not in that flood zone area and that's that's one of the solutions otherwise you know you can go go high or higher if you wanted to place it right there so what what typically happens when we put a generator on Plum Island and I I live on the island as well so we're we know the challenges we're faced with out here typically if your generator is going to be subject to flooding the the typical approach is to keep the base elevation of the platform 2 feet above base flood elevation if you're not in if you're not in a flood plane uh you're as long as you're not in a flood plane you're you're above baselight elevation so right so I think with Sean do do we have a plan that shows the proposed location curious is I do is the Zone X closer to Southern or is it south of is it or is it Westerly of Southern CU I share this here if you need something else please let me know this is what I have on the site there so can you see my mouse yes y y okay so we have Zone a so this is the site location of um so that's the backy that's the backyard backyard uh I'm not sure um I know that the left side of the house if this is the road this way up towards the top sorry I don't have a compass on there but the proposed location is here on the left which is where the circle is yes where sorry yeah that's a better explanation where is which is the circle the propane tanks here are are right here located here the generator is loc currently proposed in this area here which puts it in the red circle um a common best practice would maybe put it outside of blood Zone into Zone x with which would involve zero feet at two feet okay all right so what this seems to me is is that uh if we consider a negative determination we can condition it in such a way that the the location of the generator if it's within a flood plane uh needs to have a base elevation of 2 feet above the flood plane elevation the distance between the generator and the propane uh is not vegetated because it looks like it's all crushed down to me we're not worrying about veget V itation on that we might be able to entertain I think what will happen if you decide to put it in a Zone X then you're you know you're really home Freight if if you want to leave it where it is you've got to have that twoot baselet elevation right to the start of it and you know and certainly you know complying with all other local and applicable Electrical Codes okay okay John does that pretty much cover it from your Viewpoint I I think that's great yep okay let me open this up to questions TJ what are your thoughts on this we're gonna get a bunch of these generators I'm gonna oneing it may be it may be worth coming up with a uh General guidelines rule of yeah guidelines for generators in in by themselves but um you know it seems like it's your choice to feet up or in Zone X well in zone X there is seagrass and you probably be a little trickier I mean honestly put putting it on a a a base elevation isn't a bad thing to be honest okay and I'm good with that okay Woody what are your thoughts on this um it sounds good as is I put on a platform if he wants to keep it in that location and no other comments thank you Bob okay Brad what are your thoughts nothing to add Mr chair thank you okay Mick what do you think what do you thought oh I'm good got two good options thank you Dan Diane question just when you say two feet is that two feet above the ground or two feet above the base elevation and how if there's no site plan that shows the elevations how would he know what's two feet over that is for him to figure out okay so if Bas FL elevation is 13 you're your platform needs to be at 15 now depending your yard could be at 14 and it's only or or it could be at 12 and it needs to be three feet but that that what it comes down to this is you know we've kicked this thing around if I have a generator and air conditioning condenser in my yard and we lose our power because of a storm the last thing I want to do is lose my generator CU it's flooded uh in in suffer the misery of losing either air conditioning or or or your emergency power so all right any other questions in this and otherwise I'll entertain a motion for a negative determination for 64 Southern Boulevard for the installation of a generator the conditions would be if it's within the FL if the location is within the flood plan uh the base flood elevation of the platform will be 2T above base flood elevation so moved okay Sean would verify that what's that just so I know would Sean verify that for future moving forward it it's the state electrical code that requires the two feet okay okay so uh okay it behooves the applicant to want to get it right otherwise you you want to do it the right way it's yes you want that thing to work okay roll call vote uh TJ hi Woody yes Brad hi Mick hi Diane and bl Conor to okay thank you thank you Mr chairman okay uh another RDA it's our file number 44117 hav way to in installation of a whole home uh generator with ATS John where are we at on this I spoke to the homeowner and the Gen generator Superstore if they are here they they have um they were invited back to the meeting um they did receive um some education or yeah and if they're not here I hello is anybody here okay is that is there anyone here for the applicant for 17 havid way okay seem like it okay so what I'm going to suggest why don't we just continue this matter this seems like there might be a little communication issue why don't we continue this to our next meeting and Sean if you could follow up with them if that changed their mind so uh this would be our May 20 let's continue this to the May 21st meeting okay all those in favor say I PJ hi Woody Brad hi Nick hi Dian and Bob coner says I it's not a public hearing but I think that way there it gives them another chance to come back and see if they want to still proceed with this all right moving right along public hearings uh D file number 0501 14271 Main Street for work to construct and raise a single family dwelling onto pile supported foundation and other site improvements uh is the applicant here the applicant want to make a presentation um Craig Marsh the engineer I can behalf okay Craig yeah just identify yourself and your company if you would for the record sure I'm Craig marshonda with marshonda andt Associates with the engineers representing the applicant um in this a small um discrepancy on the agenda here we're raising recently raised a single family dwelling on the property uh a a demolish not raise as in elevation wise and the proposed dwelling will not be on piles it'll be on a traditional foundation so I'm not sure but might been a copy paste job but it makes a lot more sense to me now yeah just in the interest of clarity but pretty straightforward job that the single family house was recently demolished from the property uh we did some soil testing designed a conforming Title 5 septic system that we submitted for um review approval and the client is you know proposing a a three-bedroom single family dwelling with Associated you know site grading septic system and a bitcon driveway as shown on the plans and some of I believe the entire board or commission if not most of the members anyway were were active when we did three main street right next door last fall and similar project except it's smaller it's a um Redevelopment project instead of a new construction and and all the work is further from the resource area than we were at three main street so um and some of you folks even attended a s sidewalk which I think was great so hopefully it's it's pretty straightforward but we're staying outside of the 50 Foot buffer zone with all the site improvements and yeah I said it's pretty pretty basic one here hopefully the Craig let me ask can you share your screen do you do you have the site plan showing the conditions proposed yeah let me see if I can figure this out here uh or Sean do you do you have the site plan if I should okay and if Sean doesn't happen have it I'm happy to share mine as well either way okay if you have yours it would be easier yeah if you shared sure let me see if this works I don't normally do these from home so here we go so I don't know why it made me really small here So the plan is opening is it opening or do you need to double click it just opening slow it looks like or did we lose him no [Music] no Craig are you still on the line Sean why don't you open up the plan and and if you can open it up for us we can be looking at that and when Fred calls back in just check the waiting room to make sure we let them back in you would question Bob yes M uh they I know we've been on both sides of this property with two different projects and um so when they raised a it was like a barn in an existing home was that done under uh conditions or RDA uh you know good good question good question Mick and I think Craig once he gets back on we can uh yeah I'm back on I apologize I'm not sure why I just got kicked out Craig we're gonna have Sean open up the plan okay great it might be safer well you know what I it might be quicker and uh so Craig uh Mick Brown just asked a good question on the demolition of the existing home uh did that come be did that get an RDA before the commission or is it not in the the existing structure wasn't in a re within our jurisdiction or how was that handled it's a great question uh that was actually done prior to my involvement on the project but I believe it was Sam that brought it up at the S sidewalk for three main street next door and um I believe she was the one that clarified it was just outside the buffer zone so it did not require approval okay okay so John if you can move that up a little bit all right so all this is the anrad plan we had um you know confirming the wetlands prior so our notice inent plan is the next sheet I believe if you wouldn't mind jumping forward one more there we go perfect so this shows our approximately one acre parcel in the proposed site improvements as you can see the driveway at its closest point is about 53 feet from the U the resource area uh in the house itself is a little over 86 feet from from the resource area so we tried to hug The Far Side as best we could away from the Wetland and and I think we did a pretty good job with showing waddle all along the Wetland side of our our proposed work it was Craig again no I'm still here all right why don't I open this up to questions you Mick why don't I start with you luy you um no this is my first time to take a look at it like I said I was on the two other site walks adjacent and um so that's I'm looking at the uh block line here north of the driveway that's that's your that's your your soap barrier location yes proposed yeah so yeah the only I would I would I think this happened on a couple other ones I would bring that outside like get it as tight to you know between the the bit drive and the buffer zone so we can move that W out of the buffer zone and also with any excavation that you're going to be doing uh grading whatnot for the leech field i' continue to wrap maybe that I see it on on the corner maybe that the Wadd is like lost under that heavy black line yes Yes actually under the property line you're exactly right it's we're showing property line yeah that's what I would just you know make sure that we're wrapping know all the way around to the property border with that yeah I couldn't see it on there but that's y yeah you know again maybe a site walk Bob to kind of you know pretty accessible property but okay those are my only cons just you know first off so okay thank you Mick TJ what what are your thoughts on this one um just I do I do agree with Mick about following the 50 Foot buffer zone for the waddle or putting it to the edge of it um but other than that I I don't have any problems I'll s okay Woody how about you com no questions or comments thank you Bob okay Brad nothing to Mr chair thank you all right uh Mick you I'll SLE back with you Mick Diane any comments on this one the post and rail fence that's already existing right correct so that's not being moved [Music] okay that's it I mean so I mean typically Craig what we want is when you any excavated materials uh we don't want that going in the 50 Foot buffer you know ideally we try to keep everything out of the buffer zone but we wouldn't have a wouldn't have a project if we did that um so Mick mentioned a s sidewalk the septic is not approved yet right correct it was been submitted and it was kind of lingering around their office I think they had to order some carbon coffee style forms they like to use but I I spoke to them this week and it was getting put on Deb's desk for review so I expect to hear back shortly we're not we are not seeking any waivers um our variant just to title five so I don't anticipate in any issue with an approval but it is not approved yet okay all right team uh any other questions uh no just I I know from being on the other site walk recently uh is there a Vernal pool like a a registered Vernal pool just north of this yes there is it's on the plan it's entirely oh there is okay yep okay so that's we're outside the the the buffer from that as well okay all right now I just wanted to see the top half of the northern part of that all right thank you okay any other questions from the members before I consider open before I open this up to public okay are there are there any raised hands from the public uh for One Main Street yes or there was okay never mind see any okay all right uh do any members have a request for a site visit ental information or plan Amendment are adding additional content to the notice no done for me anything for you Dan no I'm sorry okay all right do we have a motion to close the public hearing no moved second okay roll call vote all in favor uh TJ I Woody I Brad hi Mick hi Diane yes and Bob Connor's vot CH all right uh time to discuss special conditions so I think Mick what we what we did the last time was we had a special condition where that no materials could be stored out outside of the buffer or in the buffer in this case it'll be within the 50 Foot buffer yeah provided that Swale provided that the hay Bills or the soap area is at the 50 Foot buffer okay yeah and do we do we consider the the the waddle to be uh the construction zone fencing we we've required like the r fencing in the past for to minimize um minimize equipment from exceeding I always think that's a you know a good caution to take you know just so it's it's visually delineated that you know equipment isn't going to move into there okay yeah all right uh let me see here I'll entertain a motion to issue in order of conditions so when Main Street with the usual conditions and two added special conditions one so move let let me finish if you would brand uh one of the special conditions will be the installation of a construction barrier red vinyl fence would be adequate uh and the that no construction materials will be stored uh within the 50 foot buffet so moved okay do we have a second second all those in favor uh TJ I Woody I Brad hi Mick hi Diane yes Bob Conor V okay thank you perfect thank very much I appreciate your time okay see here okay next matter D file number to continue public hearing D file number 05422 106 Street for work construct raise delling support foundation and another site Improvement uh is the applicant here or is engineer to make a presentation who was the engineer was it Grasso on this one forget now is is there anyone here from the public for the 106 Street is that on the continued list D had comments on this one so they may have continued yes this they asked for a continuance to 521 that's why not here I will uh entertain a motion uh to continue the public hearing at the applicant's request to May 21st so moved second okay all those in favor say I TJ I Woody hi Brad hi Nick hi Diane yes B Conor okay continued next matter is uh D file number 0501 1425 this is a continued public hearing on 19 Independence Way uh West for work to construct a new drawing with Associated site work I see my good friend Tom Hughes Tom why don't you identify yourself and give us your where we are yes um uh chairman and uh members of the commission Tom H with use environmental Consulting here on behalf of Steven Matos um for 19 Independence um you may recall that we were pretty much in good shape um the one thing we needed to do is provide you more information um on landscape and and the general message was enough information so that you could um ascertain whether or not a certificate of compliance would be appropriate at the end you know what should be vegetated and roughly how um and the difficulty with this is I think the members saw during the site visit that um to determine what you're going to plant in where you kind of have to remove the invasives from some of the areas first you kind of need to see what's left and then fill in for density so what I did um and I'd like to share my screen if that's okay with you y certainly um I just have to get into my PDF thing so there's your agenda uh let's see just give me a second okay so what I did is I um we took the site plan and we just colored in everything that's not shown as something else with this green hatching so everything that is green including the areas under these clouded areas when we're done it's all going to be vegetated and other than like the Stray lilac and the the odd thing that may be a non Rive nonnative that may remain everything that we add will be native and the vast majority of what's left will be native plants we are going to get rid of invasive plants and everything we put in will be um will be native so I I just I divide it into like three distinct areas this area over here um is going to be some invasive removal but it's also the area where we're adding sand um and it's the area that is kind of on the slope mostly on the slope um and for that what we'll be doing is as we remove that the wall and the stairs from that area we're going to be adding sand right back in um ultimately that area will be planted with Virginia Rose American beach grass and some Bayberry um and that so that whole slope will be fully vegetated as well everywhere between that and the building but everywhere not otherwise shown is going to be American beach grass and you know once the building's up you guys have seen this I'm sure once somebody actually puts a building in puts their home in that they spend all this time with the architect designing they may come back in and say hey I'd like to put a cedar tree over here I'd like to do something else because you can't picture what the ground looks like until you get the house down um this area back here is really dense most of this is really dense with a mixture of invasive um multifloral rows Bittersweet um Honeysuckle and uh and a number of native plants in there too some native Woodies a lot of um a lot of cherry so in that area um we're I'm anticipating that we're going to need to plant about six plants in there to kind of keep the density up and I'm looking at Bayberry and amanu um there's an area here kind of in the corner that is a lot sparser it's more that kind of grassy vegetation you may recall from the site visit this end of the site has some areas that are kind of a mix of what appear to be overgrown Remnant lawn it appears that there's some Pennsylvania sge in there there's some um some American Beach Grass it's kind of a mix of of stuff in that area and then there are a number of like little Cedars and there's um some small Bittersweet vines in this area kind of coming in but this area has a lot of invasives so when the invasives are out we'll evaluate density and we'll make sure that we have no real gaps in this area that is currently kind of Woody and shrubby and that will be kind of filled in with a minimum of these um this number of plants the keep in mind in my narrative I did provide a table with proposed plants and density so the idea is we're going to achieve that density of planting in areas like this um and I guess this number right now but when we're done you should look at this area and you should see that it's vegetated with Native Woody vegetation um in this area we're just going to supplement it's just going to be adding five uh bay barrier amalan here what we have is some really small Bittersweet vines that are kind of trying to get established in there and there's not enough material yet for them to use as a trellis so they're just kind of coming in you know growing around a little bit that stuff will just get pulled in this area there's kind of a big scraggly mess of invasive and shrubs that's going to end up coming out most of it for this um the driveway uh this area will just be American beachgrass this area between the driveways currently has a couple tall uh Cedar it has some lilacs and it has some invasive Vines we don't anticipate removal of the invasives is going to change the density in this area so we're just going to essentially leave the trees leave the lilacs kind of as is and that area but any gaps again would be American Beach Grass this is all American beach grass and the one exception I've got is this little tire stripe area we have a little area with two Tire Stripes of clamshell and between them um we're going to put in Pennsylvania sedge because that plant will do a little bit better this is intended to be used as a turnaround but if somebody were to actually park there for a day or two the Pennsylvania sge can take the shade a little bit better um and it is a native plant to uh to Plum Island so um I'm hoping that this provides the commission um with the sort of the information they need in order to render a decision I'd also point out that in the notice of intent we did provide some very upto-date aerial photographs from April of 20 23 so it's easy to look at those and see what the site looked like in the big picture for when we go to close out so with that I'd be happy to answer uh any questions the commission may have go back over any details of the project if you would like um but I think overall this is a good project it really cleans up an area that was kind of left a Mess by the removal of the old home and uh takes care of an invasive uh problem and I oh I do want to mention one other thing um the neighbor who I I see is on tonight um is interested in whether or not we can extend the control program to also include some Poison Ivy and some Virginia creeper Virginia creeper well they're both native uh poison ivy is a native Dune plant you know it but it's not so great when it's in the areas you walk through um and uh Virginia creeper is an aggressive native plant that is not native to Plum Island or at least it's not on us fish and wildlife list of native to Plum Island and it does tend to behave much like bitter Suite so I ecologically I don't have a problem with um extending the protocol if the commission is good with that to those two species um they're both kind of nuisance species and in this backun area They Don't Really provide any uh Dune function they they are almost a negative Dune function because of the way they grow on plants and kill them off um so I will I will defer to the commission on that I know that that Steve is fine if the commission is willing to let that protocol also apply to that I'm not sure he's going to aggressively seek to remove all the poison ivy and the um you know and the preer from his property but I think in areas where it's trellising on top of plants and killing them off he would well I'd be the the last one to say that we should keep poison ivy where our pets wives or children can uh catch it all right uh so let me let me start Tom thank you I think you've added the detail that the commission asked for on the the depth of the planting and coverage uh how did you make out I know you there were some comments that came in from d on technical comments they seemed to have been kind of absurd to a point and I know you had written in are you comfortable with that now I mean it you're certainly not in a frontal Dune yeah no I am I mean I think I so D has some really smart new hires I mean I've I've I've met a lot of them and I gotta say I mean they're really good talent as far as environmental you know knowledge but Dunes are not an area that most people have experienced in so Dunes are kind of another world to learn and they lost you know through retirement Mike AEL who knew this stuff like the back of his hand go so basically half hour at least um I had um I had provided a response that I copied the commission on initially to their um to their comments which is here so basically um they said they it appears that the project would impact Coastal Bank and the thing that I pointed out is that Coastal dun cannot be Coastal Bank and just by definition it excludes it says other than a coastal tune and that's always been long-standing to EP interpretation of that language is you don't have a Coastal Bank on a coastal Doom so on the barrier Beach you don't have Coastal Bank there's some nuances to that around the Basin where they they do it times consider a revetment that predates the Wetland protection act as Coastal Bank but that's that's a nuanced exception that now has gotten muddied by some administrative law decisions but um so then the next thing is uh must meet the Dune standards for you know Coastal Dune and Barry Beach and I just point out you know see my narrative page four and five is all that regulatory analysis um and then uh primary frontal Dune or secondary Dune we're 700 ft from the second derivative slope which is how you determine the backs side of the uh primary Dune the the backside is mapped by Kone management which still holds if you do the math right um is pretty much along the edge of Southern um you know it's it's it doesn't go any further than that and in some cases it it actually extends you know further east um I can't can't say I agreed with that when they first came out with it but we're certainly well away from any primary Dune um profile we had actually we had architectural profiles and the um profile from the from the surveyor and the commission may recall I submitted prior to the last hearing updated profiles showing the skirting being adjusted but they were in there um and the inventory of existing invasive species um and you know how much veget ation is being removed Etc I you know I basically promised to copy them on additional information uh which is what you were just presented and then uh narrative to to address how that uh meets the applicant performance standards so I did incorporate that into my narrative already um on how removal of the invasives uh Co Lun Tom I think I think the not if I could just uh if I could just stop here for a second yeah I I think the commission was fine with the narrative fine with your plans we we were somewhat baffled by the the technical comments and it I think it was self-explanatory on your you know on on your response y so what do you want to do are you are you comfortable with [Music] your moving forward with this with yes I am I I think that this first of all the the DP does not give you iterative back and forth comments right they give you the one shot you reply and uh and it's very difficult to chase them down and get anything back I think we've responded in a thorough manner I think we've addressed the performance standards I'm very comfortable with how we've addressed the performance standards and um if they were to appeal because they have a right of appeal I would suspect they would come out they would look at the site and they would would draw their appeal pretty quickly um and as you know they sometimes do that they sometimes do kind of what we consider a feeler of appeal where they want to come out look at a site and get a sense of it those of you guys who visited the site I mean I think it's pretty clear we're improving the site uh over existing condition and I think it's a good plan so um let me let me open this up time to the questions just to keep things moving all right team if you recall that at our last uh last hearing the the two remaining issues were this updated planting schedule uh and the status of the technical comments that had uh shown up on the uh on the portal and so why don't I open this up to questions from the member members TJ any questions for Tom on this matter uh no no questions great great plan I've walked the property and it's going to be a a well-needed upgrade to the property okay thank you TJ Woody any questions on this one I agree with everything TJ just said it's great presentation and uh good planting plan so everything's good with me thank you Wy Brad what are your thoughts on this one no I think the applicant is uh more than met their obligations here and uh I I feel very comfortable with this development okay thank you BR mick how about yourself what are your thoughts on this agree agree agree with all the previous statements and uh I Tom had a Tom and I had a long time or good time to discuss you know the plantings and I think this this presentation is a really good blend of you know a detailed plan when it's probably not feasible to really provide a detailed plan highly detailed plan at this point so I think this works great and good job Tom I like it thank you m d any questions for Tom on this matter um Tom when you talking about the neighbor wanting you to extend the removal of the poison ivy in the Virginia cre was that on Mr Matteo's property or on the neighbor's property I I I think under both I think what what they would like would be um because if if you know if we remove it from our side near the border it doesn't creep over right and I think we're willing to do that on on our side of the property boundary and I think it's just um in the past I think that you know a few commissions ago I don't think I would have even mentioned that during the hearing we just would have considered those as things that we could approve but you know people pay more attention nowadays so I think if it's in the public hearing record that the commission would consider those two as consistent with the invasive plants that we're removing I think that's all we really need in order to you know but I just want to have make sure that there's some level of concurrence from the commission um because apparently the the poison ivy is growing all up the slope and the um I have seen the Virginia creeper on both sides of the property line there and it does use the native plants as a trellis so is the neighbor going to let you do that on their property um well yeah I think our our intent is we'll work with the neighbor in the immediate area of the border and we'll handle everything on our side of the border and then um if we're going to be uh bringing in a specialized Landscape Group that does invasive removal is we will we will also let her know share the contact information because I'm sure there's savings if if she has any interest in sort of a joint hiring of somebody um I do work with some uh some different firms that really specialize in the invasive work and they do really good job so we may look to uh to bring in somebody as a real specialist in it okay thank you all right all right team why don't we do this Sean any raised hands I know I saw Julia here earlier any raised hands from the public that would like to comment this time Julia are you on yes I am well good evening if you give us your name address yes Julia Yoshida 57 Sunset Drive I have a few questions and concerns I guess the first question is uh can you tell me how written notification occurs um from the concom about meetings because I reive None uh it would be by certified mail well Tom why don't you answer um so we it sent certificate of mail and we only notice the first hearing so after that you have to track the continuances um they were sent certificate of mail and I believe your address was a possibly PO box and conquered or it was an address conquered so correct it would have been sent you would have received and I think in yours I did everything in one manila envelope that included that RDA um as well as the a butter notice for the original hearing and that was for which meeting um that would have been the first meeting that we had the hearing on with this I I could look April 2nd uh yes after that there's no further notice okay I never received that and I want that on the record because that makes a huge difference right I did email you um the RDA but I I will check with the certified receipt on that and see what happened I receiv received no email and no hard copy um but I need to mention before the board an important issue on November 9th of last year I met with Tom Hughes lawyer Douglas desan and Samantha Holt came voluntarily to join us on site we spoke about the plans for the entire top of the Dune which Mr Hughes said he would address I was pleas in Pleasant agreement with this and I asked him for permission for to attend the time when his team would be working at the top of the Dune which involves my land so I was in agreement with that but that I would participate in it okay Julia did we Julia you went on sorry okay sorry about that subsequent to that now did you hear the point about that he said he would do the entire top of the Dune including my property where the invasive plants were rooted so that was something I was in agreement subsequently and most recently the only hard copy I received from Mr Hughes States quote the work at 57 Sunset will be done independently by that homeowner so that's quite different from what I had planned and understood and therefore I made no plans to do this um the important thing I guess I'm trying to I want to end with is that the Dune should not be split up it really is a single Dune it's a single process and he nor I own it it is a it is I'm an I'm an evolution not Evolution I'm an ecologist so I think you all know that so I think to make it this way so that only half will be addressed and the other isn't being addressed because I assumed that the whole thing was going to be addressed which makes sense means that some invasives are going to be controlled on one side and they'll simply go to the other side you know if one side is controlled and my side isn't my side will simply the invasives will grow into the other area I I think I kind of feel like we're at where Solomon was we're presenting something and saying we need to split it to deal with it and so the concom is therefore functioning as Solomon to decide how should we approach this because I don't think this is the best way for the Dune the other thing is I am concerned about the black cherry tree with nobody mentions um Mr Hughes does say that he's going to use some herbicide on some trees the only tree there is the black cherry tree uh the others a sapl and why am I concerned about this because two years ago when the lot was cleared there was a large surface Branch from the main cherry tree which begins on my property and this Branch was growing largely I guess this would be West towards Sunset and when the property was cleared for de debris that Branch disappeared now I have another Branch that's heading East on the Dune on your side at first it begins on my tree and goes into your part of the Dune and I'm concerned that that might be cut because in between it are several invasives so I would not want that to happen because that of course is one of the ways the tree manages to withstand the winds and the storms so I have a couple of conc concerns that stem from the fact that I had assumed we were going to work on the Dune together okay so now Julia just going back you were on the call when we were addressing the RDA on your property as I recall I didn't know that's what you were doing because I didn't have any paperwork no notice but I you know as chairman I introduce each agenda item as exactly what it is what its purpose is uh what the file number is and what the intent is I'm sorry I'm an internist I'm a physician I don't have legal background I was not warned was not prepared and I understood that I was supposed to be prepared legally am I correct I you you know you're you're asking the Conservation Commission a legal question which we certainly can't provide you legal advice but I guess my point was you were on the you you participated in the call on the r on the RDA uh and it seemed like we are all in agreement and the good thing is these meetings are all recorded so we can go back and and research that right if need be the but I need excuse me go ahead yeah the the matter before tonight is the plan the plan before us is on Mr matias's property that's what's that's what's before us tonight the RDA covered and and Tom correct me if I'm wrong uh covered the ability and and back then as I recall and I may be mistaken uh it was going to be a collaborative effort on one side and each party was responsible for the work on both on their own property um and again we can go back and check that meeting but uh and we issued a negative finding on that Tom do you want to um yeah so I mean first of all I don't know why it didn't get through but I sent the RDA in a March 19th email so I'm not quite sure why they didn't did not get that definitely okay yeah I mean I I I could pull it up but it's um so my apologize for my apologies for that because that was not intentional to not have you get that and it was also mailed to your PO Box I don't know what happened with the the Postal Service um but it was sent certified I just have to dig up the certified receipt I can try to track that but okay um so so the thing that I want to point out is um on the on the plan um sorry let me uh find that right want well I'm gonna I'm going to struggle to find it maybe this is it no it's not um I may have closed that landscape plan um so the RDA um we have to legally we have to treat the two Parcels separate under the Wetland protection act so the RDA um provides the ability for us to clean up all the debris the cinder blocks that are still on your side of the property line um and to work with you on the invasive removal and we do intend on working with you in the general area of the property line not not like on your entire property um which is I guess what I was getting at and the the other part of it is um when you and I uh met out there you had talked about how you've been working on trying to control the invasives for some years and I mentioned to you that um you know technically you need to have some type of approval from the commission to do it they actually love to see people do that work but you do need a piece of paper to protect you because the requires you to have that um so we agreed to pursue getting that RDA done on your property so that it both covers the removal of the of the cinder blocks removal of the stairs removal of the um of of the things that encroach on your property and working with you along that property line area on the invasive removal but it also covers you after that and elsewhere in your property for just controlling and removing invasives uh in General on a voluntary basis not something that's required of be okay and that's how that RDA was was written and phrased uh in terms of the herbicide use the herbicide uh use is very clear in the invasive protocol that it's only to be used on invasive plants the protocol requires that somebody like me or a botanist or or somebody uh who can actually identify the invasive plants has identified them and made sure that that work is overseen so it's not just going to be somebody running around with herbicide any trees when we refer to trees the protocol is one that's used on multiple sites and I have a protocol in there because um over on Southern AB we have some black locusts and occasionally I do these things for a site with a bunch of dense vegetation and I find within it something I didn't expect uh the the herbicide would likely be used on the saplings that we can't pull without um without ripping up a bunch of native plants and in those cases it's going to be a cut bark application we put a very small amount of herbicide on the plant it's a direct application to that plant and that plant only and then we make sure it's dead before we cut it at the roots so we we don't disturb this the ground on things like that and that's also going to be important on on the slope area because we don't want um you know we don't want to end up ripping a bunch of roots out and disturbing the sand anymore than than we have to um and I do kind of wish I could pull up that plan it's bugging me I must have hit the X and closed it out um let me just see maybe it's May I make a point please okay certainly may I yes okay I received nothing in writing nor an email from you before the meeting on April 16 and I read I'm one of these people that reads absolutely everything that comes through after the so when I was attending the April 16 meeting I was under the impression that we were still working together at the top of the Dune tackling the invasives which we spent time about and I'm very familiar with the use of Tri so several days after the meeting on April 16 I received this packet from you says after the meeting and in it it says you're on your own kid okay so I hope you hear what I'm really saying Julia I'm I'm confused because you said you received the packet of after April 16 but you few days I never received anything before nor any notice that a meeting was to be held but you were at the meeting April 16th correct because I was searching for it okay on my own so it was my so I hope you understand what I'm really saying this is not the way it's supposed to be right um Mr chairman I'm just sharing my screen this is the email Julie that I sent to you and this is your email address right here Julia at Sunset carrier.com so I don't know why this didn't go through to you ite is that uh this is March uh this is March 19th no details just the statement well it has the invasive species protocol the USGS the the natural heritage map and the RDA um so this was the filing this was the RDA filing that we filed for the separate property um and uh you know and and there were some other emails that went too but I just want to point out I mean I did send it so you know that I sent you several emails saying what's up what's up um so the committee needs to know that that I've been trying to communicate with you and I ended up communicating with Dr Matas and he also said that he hadn't heard from you for many months so there has been a communication issue and I think it's fair for the committee to know that no certainly I mean is is what I was trying to um show because when when I say along the sort of property line area I'm talking about first of all the property line goes up the slope here it goes up the slope here and then it's really this area right in here here's your cherry it's kind of this area where the steep slope is before you get to the Cherry where there's some invasives that we'll work with you on this is the area that's also got the the cinder blocks and I believe that's the area we discussed when we met in field um but the RDA is to give you your own authorization anywhere on your property to control invasive plants that's so when it says you're on your own it's only it's you have your own authorization it's a voluntary project that you can choose to pursue or not pursue beyond what we do as part of uh this development and working with you in this area where we you know we intend on removing the stairs those the encroachment we intend on moving that little bit of the wall that's an encroachment repairing the Dune with sand and working with you on the invasives there yes and that's that's when I say in in the area of the Border that's what I'm talking about because I know all that I think I think I'd like to say something sorry to interrupt but I think we need to cut this short because the committee has other things to do but the important thing is one the cinder block was never put up by me it happened to be on on the neighbor's property because how can I get there to put one up plus that was the long-standing problem the communication when we met personally was that we would work together on the top of the Dune and that has changed changed so I for whatever verbal communication is worth and there were Witnesses present that is not what is proceeding I think though to deal with the Dune we need to deal it with it in unison not one side does this and another side does that because the Dune is much more important than you or me so Julia I I I think that we have an RDA allows work to be performed for invasives on your property and now we're looking at a plan that will allow uh invasives to be dealt with on the adjoining property we're just subject to Wetland control which requires us to deal with both properties separately and we've already been able to address your property uh through an RDA which provides an opportunity to address your invasives now what's before us is to allow the same thing on the property that's adjoining you now we don't get involved in who's going to do what on Whose property uh that that's something that you two would need to work out what I'm hearing Tom say is that in the proximity of where the block wall was and we had all done the site inspection uh while they're going to be pulling the block out and putting the sand in so the no destabilization of the Dune uh that it seems like there's a Cooperative effort of addressing invasives in that specific area is is that a fair statement Tom if I'm understanding it is and and it's up what I consider sort of up the slope as well I mean if you look kind of there's a a flat much more gently sloped area on the edge of Julia's lawn um up here but I was looking at this sloped area the actual slope Dune from here down is kind of the area that I I pictured us um working and then anything obviously on this area in this area anything that is kind of straddling that general area of the line uh would be taken care of but the other thing you know Julia in order for this to proceed we still need to work work with you to secure your permission to remove this stuff so we can have further discussions with you about you know exactly what that all means um but the notice of intent that we filed combined with that RDA allow any agreement that we come to in order to move forward to be done legally under the Wetland protection act um and the the reason that says that it's to be done by the homeowner voluntarily is because what it does is it authorizes you you know long after uh Dr Matos has built the home and controlled invasives and done this the work to get the home established it allows you to still continue um doing that work without running a foul of the of the uh the act so um with regard to that I mean I I think we can we can continue those discussions between you and and Dr Matos and in the the sort of working out the agreement on the permission to remove the the things from the property line and uh you know and exact where we're working together on that slope and and where you know where it's work that you're doing on your own but but again in regard to the work that is kind of off that slope I think if you wanted to take advantage of any contractor that we bring in and and it's up to you whether or not you want to but but we just would make try to make that available to you because there certainly a lot of cost Savings in doing it that way okay I'm happy to talk about that but I want people to know that the area we're talking about is by 8T by 8T so it's a tough area to it's probably not fruitful for an independent contractor to work on right so the area I just want to point this out um the area that the area that I'm describing may look small on the plan but let me just move you guys out of the way in the way of my measurement so that came up as 2.44 square Ines which I've got it at 240 is square feet um that's a lot bigger than 8 by8 that I said was yeah I'm not sure that that's that that's where the invasives are right right right so that Tom and Julia I'm gonna stop you both there yes the matter before is yes is the plan that is we're looking at on the adjoining property I suggest you two work out uh sequencing how you're going to do the invasives you know on the property line but that's not the matter before the commission tonight so Julia we we appreciate your comments uh what the commission does is we we rely on the US Postal Service that says a parcel or a package was delivered and and and that's what we require under our Wetland bylaw and under the Wetland protection act um not sure why you didn't get that and I'm just glad that you've been able to participate uh at the April 16th and at the May 7th meeting and to be part of this um but I think that's something that the delivery has been it was complied with according to the the regulations just by getting the certified mail um so I'm not sure what happened God only knows what the US Post Office uh might have done but yeah because our post we have a post office box yeah okay Julia anything else pertinent to the plan at hand thank you very much okay thank you very much all right do any other are there any other members of the public that have any comments I don't see any other comment or other hands raised okay do any members have a request for any additional information or plan Amendment or adding additional content uh to this filing no okay uh hearing none I'll entertain a motion to close the public caring so moved second roll call all in favor TJ hi Woody yes Brad hi Nick hi Diane and Bob car vote CH all right uh special conditions special conditions what do we what do we want to consider here Tom typically we we're looking for construction fencing to protect you know establish a construction zone where equipment materials won't be stored uh that's shown on the plan Mr chair okay yeah I'm just kind of going through my own mental you ever really miss anything Tom but at this time of night I'd like to hear myself talk unfortunately to to TJ's uh concern uh the is there anything else any other special condition that we want to entertain no okay I will entertain a motion to issue an order of conditions for 19 Independence Way West with the usual conditions so moved second okay all in favor say I uh TJ hi Woody hi Brad hi Nick all right Diane and Bob Diane I didn't hear you you're so you hello can you hear me Sean hang on please Diane you're on mute that happen yes okay you vote Yes okay Shan what ju just to verify that is the usual conditions and Tom's noi with with all the plans yes oh yeah yeah it it's okay the entire filing uh and we have our usual conditions there's no special conditions to be included and Tom you know what if you can work with Sean provide a uh a draft o that would be very helpful yeah sure okay all right uh next matter before the commission is D thank you very much thank you Tom hey Tom you're contining Temple right 18 Temple getting yes 18 Temple we've um we made some changes after talking to the neighbors and we're just waiting to get all that flushed out and uh we get it all staked and let the commission know why don't you just push it back to the first meeting in June uh just because the number of continuances to catch up to you yep that's fine okay so what is the date of our first meeting in June was that June 4th okay long as it's not dday that's fine okay all right on 18 Temple Boulevard West uh the applicant has requested a continuance of the public hearing to June 4th do I is there a motion moved second uh all in favor roll call TJ I Woody yes Brad hi Mike rck hi Diane yes and Bob Connor's votes yes thank you all right uh the next matter D file number 05 51422 94 Northern Boulevard for work that conduct landscaping hardscaping and Paving work Sean do we ever hear from these people I'm here we have there's the owner of the property hi and I think she wants to PR present okay welcome if you could give us your name address and then make your presentation that'd be great sure um I'm Morin mcaren I live at 94 Northern Boulevard um I don't know how much of a presentation I have but I share the information I can with you um I was on here before with a landscape designer who wasn't really yeah I think wasn't so much familiar with Newbury and we're new to the area ourselves from North Handover so um I had no idea that that plan was just you know not really going to happen in a lot of ways um we had talked to Samantha and she had said just you know say what you want so we just realized we just there's two object two things that we would like to do for the houses one we'd like to um have people know where our front door is because our front door is on the side of the house so um people often come around the other side while we're sitting at dinner and show up and so there's no clear path to the front so we were trying to sort of just demarcate where the door is and the other was just to try to eliminate bringing as much sand as possible into the house into our cars so I have a kind of much more simplified drawing um you do you want to share that with us Marin look at it as you're talking that um I can share it or you can share it okay yeah so I think the main idea was to the driveway was um had asphalt and that was broken off when they put the town sewer in so we were just going to take it out and put down piece if we could and then um you know essentially put PE stone with some Cobblestone to keep it from going out the road there was a small patch of um uh Doom grass by the existing concrete pad that we wanted to move to a different area so we could have a walkway to the front door so that's kind of the gist of what we're trying to do okay so so let me ask you a question so asphalt being removed is 2 square ft and total P Stone to be installed is 1,69 square ft so you're expanding your current uh parking area from so there's two existing posts there that were used as parking areas that were already existing parking areas um and so we re just instead of having it sand put PTO in there okay so you're not expanding your parking area what's there existing you're G to take out the hot top and you want to you want to add PE Stone to kind of stabilize the live sand that you've been driving is that yeah yeah okay CH do we have any pictures of this I have a survey that was done too when we bought the house from uh ever if you want to see that yeah you know why don't you put that up if you could okay s uh okay so you're not looking to expand your parking you're just looking to have it consistent as pstone yeah yeah take up the concrete just make it yeah okay okay go back to why don't I stop there for a minute questions if if that's okay Marin sure TJ any questions at this point for Marin C can you go back to the first picture you had up because I printed it out before but it didn't have all the um ratios on there sure uh I just have to figure out how do this is there any PE Stone there now no it's just nope okay so what it looks like TJ it the remaining uh Asphalt in front of the garage is about 287 s fet according to this plan that's going to be removed and obviously they've parked in front of the garage and they parked in front of the house uh look looking at the site plan yeah that we prepared by Everett so I guess you know my only question would be it doesn't appear that we're expanding the the parking area that that's existing it's an existing feature just stabilizing it with pstone which usually pstone or crushed seashells are are uh allowed Diane you have a question I'm just I'm looking at the plan that was previously submitted dated 12 2923 yeah and on that plan on that plan it says existing Asal driveway demo approximately 500 square feet to be reinstalled so are we just ignoring totally the prior plan and going with this new one wanted to the how does the 500 driive with the 287 because she was going to fill in she wanted to add asphalt to make the whole driveway asphalt and we were told you can't do that probably they replace what what was the damaged asphalt from the road okay which which almost sounds like it would be squaring off the remnants that what's there now back to the street Dam I think is yeah that was the okay if the commissioner would allow me I do have pictures of the site yeah yep certainly Sean why don't you show us some pictures uh Diane any other questions I'm going to circle back everyone a couple of times so Woody any question so far on this one yeah this would have been a long time ago yeah but it gives the parking in front of the house and then certainly the remnant of the hot toop in front of the garage hot top being removed in front of the garage out to the edge here Keystone y hey Wy any any questions on this one at this point no no questions at this time thanks BB you know what this one is team had this probably come in originally we probably would have handled it more as an RDA because it almost looks like it's maintenance of an existing driveway yeah yeah spoke to Sean he explained that to me I didn't understand Brad any any questions on this one no I think this is much better plan than the original plan that was presented earlier in December uh this is very workable and the fact that we're getting rid of the impervious and putting putting installing perious uh um base for cars to park on is much better for the function of the Doom okay uh Mick any questions on this one yes I think I saw it in the picture here Moren uh that uh I guess to the southern side of the driveway there by the garage is that retaining wall still intact is that there now it is it's got some but it's there yeah okay so it's that's not something you're going to be you know working on or something like that but um no we just wanted to simplify everything okay yeah no thanks Sean appreciate that yeah just a little tough to tell what that was yeah no I think like uh I agree with Brad and others much cleaner uh plan so I'm I'm good I don't have anything big okay thank you mck Dian any questions comments when you say the retaining wall is being repaired you is it staying in place or are you taking it out and putting something else in are you doing anything to the retaining one no it's just leaving no I think that was part of the original plan which included a lot of things and then we just said look we just really want those basic yeah this one's in the it's in the new plan it just says existing block retaining wall to be repaired which again if it's it's fine if it be repaired I didn't know there were you can maintain an existing yard feature Marin okay you can't change its composition so to speak or its size but you can certainly you know maintain it and repair it let's let's go back to the the plan if we could y oh see okay so existing block wall retaining W to be repaired okay it's not being replaced uh so I think the only thing that you're looking to add the Cobblestone edging along the front walk and along cobone edging okay so team the way I look at this we're removing an impervious surface completely uh we're eliminating approximately 300 Square ft we're restoring the driveway with pstone which is fine and they're adding 199 Square lineal feet of cobblestone as an edging now what else this existing concrete pad new Cobblestone engine doing grass ply remove Char toly 20 square ft new Keystone walkway ke Stone okay proxim 19 Square fet okay I don't have any questions I think this is actually again if this was an RDA we'd have really Commissioners would would would you agree that we could make the um applicant submit resubmit for an RDA or keep this as an noi well I I think at this point um so maren to do an RDA we could proceed and issue an and consider issuing an order conditions that is specific to this limited scope your filing fee at the registry to record it all is is probably $150 uh but then this is on the it's part of your it becomes part of your title and you'll have to seek a certificate of compliance uh down the rout to uh close out that order of conditions on your on the title of your property an RDA on the other hand uh would be you've asked permission to do this work and we gave it a negative and if we found it to have a negative termination um it it's one or the other you're I mean you're before us here I mean I is if everyone comfortable with this and I don't really have any problem absolutely well Mar why don't we just proceed and entertain this as an noi and I think that's probably the the quickest way for you to proceed and so if I guess I don't really understand the difference but if if we didn't do this right away you said something like goes on the title what does that mean or is that well when you file a notice of intent and we issue an order of conditions you are required by law to file that at the registry of deeds and what it does is it becomes an outstanding order of conditions that until you finish the work request a certificate of compliance um from the commission and record that certificate of compliance if it's kind of an open title defect on your property okay it it that's just it happens all notice of intents work exactly the same throughout the comma like that ERS of condition then in terms of what Sean was saying if I can you make it an RDA or I don't know we we we we can only address what what's before us which is the notice of intent M chair if I may uh the the applicant has applied for a notice of intent that is what is before us I would make a motion to approve this notice of intent as submitted okay is there a second second well first we need to close the public hearing Brad we're we're a little bit ahead of ourselves uh moot motion to close the public hearing Mr chair well let me let me do this Brad let me just follow the script accordingly do any members have a request for aite visit additional information plan Amendment or adding additional content to the notice of intent hearing none is there a motion to close the public hearing so moved okay roll call all in favor TJ I Woody hi Brad hi Mick hi Diane I and Bob Connor Bo CH all right uh is there a motion to issue an order of conditions for 94 Northern Boulevard with the usual conditions based on the plan and reduced goat attack so moved do we have a second second okay all those in favor TJ hi Woody hi Brad hi Nick hi Diane yes and Bob con is V cheers Marin good luck thank you okay team uh under Administration we have a storm water management update uh that Sean if you can give us a an overview in that it sounds like we have to actually hold a public Hearing in the relatively near future uh for this yes so this should uh be approved before June 30th these so this is the storm water um part of the ms4 updates coming through and our town of Newberry needs to update their storm water part that is was given to the commission for um approval because we are the per the commission is the permanent Authority so those regulations were were drafted um with the help of DPW and Renee okay in the Dropbox hello yep no we're hearing you okay in the Dropbox there is um the modified word docs that includes the proposed changes those have to be um come through a public meeting we'll probably have James come in from DTW and James tette and he will um let us know what's going on uh yeah the notice um has to be put in two weeks prior to a hearing okay I'm gonna make this simple uh is there a motion to hold the public heing for storm water management updates for June four don't moved second okay all in favor TJ hi Woody hi Brad hi Mick hi Diane yes Rob Conners so Sean adverti the public hearing for the June 4th meeting uh and notified DPW and planning marur or Woody you've been you've been dealing with storm water I mean you you guys primarily handle stor water um on the planning board yes uh and we have Joe shka look at a lot of it yeah okay all right so Sean that's all you really needed was to schedule a public hearing on this we uh and we'll discuss it on that night okay okay any other any other comments anyone anyone else that uh I see a lot of head shaking no surprise surpris it's nine six pass 9 906 all right I'll entertain a motion to adjourn go moved second second hey roll call TJ hi Woody Brad hi Diane hi I I good night everyone this was a long one we cleaned up though we got through it yeah all right CH see you later have a great night guys thank you