##VIDEO ID:zgb3QTZlu_c## so um it being 611 um I'm G to do my best Bob Connor's impression here and call the meeting to order and ask Mason um to read the Preamble and take a vote roll call of the members hello everyone as a preliminary matter this is Mason far conservation agent Newbury Conservation Commission and I call the October 1st meeting to order and permit me to confirm that all members are present can hear me Members when I call your name please respond in the affirmative Mary Rimer yes TJ KY Mick Brown yep Diane O'Brien yeah Woody Knight yes and Bob coners good evening everyone this open meeting of the new Conservation Commission is being conducted remotely consistent with Governor Baker's executive order of March 12th 2020 due to the current state of emergency and the Commonwealth due to the outbreak of the covid-19 virus in order to mitigate the transmission of the covid-19 virus we've been advised and directed by the Commonwealth to suspend public Gatherings and as such the governor's order suspends the requirement of the open meeting law to have all meetings in a publicly accessible physical location further all members of public bodies are allowed to allowed and encouraged to participate remotely for this meeting the Newbury Conservation Commission is convening by Zoom as posted on the agenda of the conservation Comm Commission Section of the town's website identifying how the public may join please note that this meeting is being recorded and that attendees are participating by video conference accordingly Please be aware that other folks may be able to see you and that take care not to take take care not to screen share your computer anything that you broadcast may be captured by the recording applicants or other Representatives may be called upon to speak and or share information to the screen if available on the Fly we're now turning to the first item on the agenda before we do so permit me to cover some of the ground rules for Effective and clear conduct the chair will introduce each speaker on the agenda and after they conclude the remarks the chair will go down the line of members inviting each by name to provide any comment questions or motions please hold until your name is called further please remember to mute your microphone or computer when you're not speaking please use earbuds or earphones and please remember to speak clearly and in a way that helps generate accurate minutes for any response please wait until the chair us build the floor to you and state your name before speaking board and committee members should be called upon in first name alphabetical order to ease the process after board committee members have spoken the chair will afford public comments as follows the chair will first seek questions through the chat function and then the chair will seek questions from the public who wish to speak they'll be asked to identify their names address and questions once the chair has a list of public commentators they will call in each by name and afford three minutes for any comments finally each vote taken in this meeting will be conducted by roll call vote great thanks Mason uh so our upcoming meeting dates are October 15 and November 5th so make note of that and um first item on the agenda is a Minutes review for September 13th and September which should be September 3rd um it's listed incorrectly on the agenda and uh September 17th so I'll give the members a moment to um refresh their memories on minutes and let me know if you have any comments on those seeing none hearing none do I have a motion to accept the minutes from 9324 so moved second second uh all in favor Diane yes Mick Woody yes and I a vote in favor as well and the minutes for September 17th 2024 any comments Corrections additions okay seeing none hearing none I would accept a a motion to um accept the minutes from September 17 2024 so much second second by Mick uh all in favor Diane yes Mick yes and Woody yes and I vote Yes as well thank you um the next item on the agenda is requests for determination of applicability um we have one uh RDA for 14 Pine Island Road to construct and add a mudro and two-car garage to existing dwelling and property is the applicant or the applicant's representative present believe John is here here to speak on 14 Pine Island Road uh John if you're here um we'd love to hear from you yes I'm here S I had to unmute no problem so uh do you want to describe your the project yeah so I'd like to um add on to the existing dwelling uh mud room with a two-car garage okay um Mason do you have the plans that you can uh y project for us uh so no plans for this one but I can pull up the site map to show the resource areas um that would be typically we need some kind of a plan or sketch of of the work there was there were plans for this one okay there were okay let me there's architectural drawings and then there was a plot plan unless I'm looking at the wrong one pretty sure it was 14 Pine huh yep I got it right here architectural plans yeah it was the RDA submission Arc plans and um plot plan this is okay so um so this doesn't show the where where the work is in relation to any Wetland so I am I I think maybe Mason if you show the massg of that lot if you can grab that so here we have the lot this is the existing house right here and then the proposed mud room and garage would be going in right here okay so um it's hard to tell from this image is can you put it on the uh the aerial view there we go um yeah we lost the Wetland overlay but that's okay so it seems like there's Wetlands on both sides of the house at least according to the D uh overlay I'm familiar with this property I used to live across the street and um I know Mick is a neighbor as well so um do we have any can you measure what the distance is from where the proposed addition is closest to the to the wet to the Pond [Music] Side Six okay so more than 50 feet probably yeah and then if you can you add the uh the Wetland overlay on this image I don't know if I can do it over the yeah you can see that the layers on the top right um yeah right there you can do it right there yep and then if you go down to should load if you go down to physical resources physical uh scroll down on the the menu to the right physical resources right there and then it go down to hydrology right Hydro not hydrogeology but hydrology the next one down yep and then it should it say d Wetlands down below right there I just pick one of those I can't see the whole screen so yeah [Music] I'm not sure why it's not yeah it's showing up just in in light yellow so you can see that there's Wetlands on both side of the house yep exactly so from that Wetland line um on the right side there of the house yeah closer closer to the house yeah there's another there's a closer one there's a closer line see the other line it right there yep so it's 40 it's maybe 40 feet or so from the from the Wetland Edge okay and what is what are the dimensions um of the the structure they uh 26 by 28 uh garage and a 9 by 11 mudroom so the mudroom would come off the existing dwelling and then there'd be an access door to the car garage which is 26 by 28 e yeah so my sense is that we need a little more information on this to be able to tell whether the whether we've got an adequate distance between the Wetland Edge and the and the work area and where to put erosion controls whatnot so um some of the work may be exempt because it's going to be 50 more than 50 feet away but I don't think that the garage addition is is that that's the case um I'm going to turn it over to Diane for any comments and then I'll Circle back um my comments were on the the plot plan there's no Wetland delineation of any kind um so it did make it difficult to figure out where the actual addition and you know um the mud room and all that was going to be and rather than just being a garage it looked more like there's going to be a room upstairs it was like an a dish with a concrete slab and pilings and it seemed like it may be a bit beyond an RDA um are there going to be concrete slabs being poured the house is on an existing slab so we're planning on keeping in an existing slab just adding on to the slab um there is a space going to be above the two-car garage um and it was just going to be uh living space not bedroom nothing like that just living space yeah I mean it was just you know again it was the fact that they're putting pilings in all around um they're adding a concrete slab um the wetlands weren't delineated to me it sort of seemed like if this gets past with an RDA um you know are we setting a bad precedent here because it's sort of is an addition I mean it's a garage there's room upstairs there's stairwells there's pilings yeah um mud room you know I mean there it seemed like they're connecting two areas and and um I wasn't even sure where they were on the map honestly um as far as with respect to the wetlands so that would be my comment thanks Woody do you have any comments no not right now thank you Mary and uh Mick do you have any comments uh John if you could could you take your cursor and just kind of Trace out where this you know show us where this addition is going to be on this uh on the map here I think that ma uh Mason is controlling the cursor right now oh is he okay because I is it extending out into the driver or is extending as we look at it to the right of the house I believe it's extending this way correct me if I'm wrong John okay you're correct yeah if that's the case I think uh just following up what Mary and uh Dian said yeah we just need to see a site plan that has the outline of the of the proposed Construction in relation to the Wetland boundaries that's really what we need at this point it's tough to we could never I don't think we could do an RDA uh based on the information that we have right now you know but uh yeah go ahead you know we just need to kind of see it you know where where it falls with relation to the uh you know to the the Wetland boundaries I do have a um Handcock engineering when I purchased the property I had the property surveyed and they gave me a um a more detailed plot plan which I could upload to the portal if that would help yeah that would that would definitely help especially if it shows the Wetland boundary on there um and you know anything that's more than three years old we can't we'll have to reinspect and make sure that it's accurate still but um that that should be the basis for your site plan and usually we'd have a site plan that would accompany the filing so and and uh typically when there is active construction where there's excavation for a foundation and there's earthw work involved in new construction it it triggers a notice of intent not a request for determination which is reserved for projects that um you know are very unlikely to have any potential for impact to Wetlands so it not saying that you can't get it approved it's just we don't have enough information to be able to get it approved under this under what's been submitted so so would there be another site review because um Bob Connor and Mason both visited the site about a week and a half ago so I just curious yep um I'm not sure that we're we can a site review at this point would be helpful because we need to see on the plan and compare that with the field conditions so I think the next step is to prepare a plan and then you can show it to Mason he can give you some guidance on whether or not we think that this is a you know can be done in under request for determination or if it requires a notice of intent my sense is most likely it's going to be a notice of intent for the extent of construction that you're proposing uh are there any members of the public that would like to comment on this project is anyone in the chat any comments in the chat I'm not I'm not able to monitor that from here I don't I don't see anything okay so um my suggestion to you is is that uh John is that you request either a continuance of this meeting to the next meeting so that you can um figure out what you need and how long it will take to to prepare the additional information or alternatively you can withdraw the notice the uh request for determination and just refile when you're ready yeah we'll continue it I do have some of the documentation I'll upload and speak with Mason okay um and get you a more detailed location of the addition and we can give you some better guidance at that at that yeah that's not a problem yep and when is your what's your construction schedule are you is this something you're trying to get in the ground this this fall I was I was hoping a breakr um and get a weather typ before the winter um so we'll see that might be tough with our with our meeting schedule and if you have to file a notice of intent and um just by the time you get the decision and appeal periods laps and everything else then you know you're probably going to be well into December so um that may not be feasible for this fall that process typically takes 4 4 weeks or you need to submit the information two weeks prior to to a meeting yeah we have uh and there's a butter notification requirements and then um we would hold a hearing um may or may not not need a site visit because some members have already been to the site so uh we close the public hearing and there's we have 21 days to issue a decision even if we can try to turn that around quickly there's still once you receive it a 10 business day appeal period so you know you're you're six weeks anyway at the best case scenario so all right yeah so let's continue it and I'll get you guys the information okay we revisit that and if if at some point uh you want to you know continue it again just let Mason know and we can we can make that change great I appreciate it does anyone else um have any thoughts on this on the board no okay no so at the applicant's request uh this matter is continued until the meeting on uh October 15th okay all in favor Nick oh you're muted I was on mute by yeah Diane yes Woody yes and I'm I vote in favor favor as well okay we we'll be in touch John or you'll be in touch with us thanks for your time thank you thank you very much thank you John right okay the next matter on the agenda enforcement orders um the first enforcement order is to uh oldo Road Sunset Club for unpermitted work I think we're going to be um uh tabling that for discussion tonight the um notice of intent is on the agenda further down on our agenda which may be continued uh the next item is 105 Northern Boulevard for unpermitted work I believe that we're tabling that one as well Mason is that correct yep we're waiting for some plantings correct and that's go ahead they actually I went by there they actually planted oh good um and I don't know it looks great but I don't you know maybe they're waiting a while to see if it takes root but there's seagrass everywhere okay great so there's progress on that one and hopefully that uh owner will be back in touch to um try to release the enforcement order yeah uh we have an expired order for 108 Main Street subdivision or unpermitted work um can you give us an update on that one Mason um I believe this is getting tabled too um they are um Contin continuing just to wait on on construction and work for this one um I believe that they're going to be coming back um within the next meeting or two either with a a new noi or looking to continue okay if you could just touch base with them and and and check on the progress for that that'd be great yep uh three Newber report turnpike un permitted work that is um is also on our agenda for uh under notice of intent so we're going to skip over that one for now there's a expired order of conditions for um 30 River Drive for unpermitted work um you want to give us an update on that one yep uh so I received a complaint last week um about some work being done in the Wetland without permitting um I was able to go out to the site and meet with the homeowner Russ um pretty much what was happening out there is there's existing drainage going across the street um and there was needed repairs to it um this is something that um DPW hasn't been um on top of um so this was causing um a pretty large amount of flooding um in their yard um and it was having a NE negative impact on their property um so Russ took it into his own hands to um make the gradient more uniform um and allowing kind of the water and and Wildlife to to transport through as it should um from my eyes every part of this work seemed necessary um and needed and I really think he helped out a lot of the neighbors during the process um I can share my screen and show you some of the photos that he shared with us um and Russ is also here so he can kind of explain um his intentions behind the project as well um but right here in this first photo um you can kind of see where where the problems were starting um so Ross if you want to kind of take over and and let the commission know what was going on um yeah thank thanks guys in the in top like the top photo uh the top are you driving the the mouse there yep Mason yeah so like right there right there there's a pipe that goes out there was an underground uh 10- foot corrugated pipe that you'll kind of see right there that goes out so basically the water runs down the street goes onto the property then goes out through that drain or supposedly goes through that pipe and then that's out to uh tender retention Pond out there uh unbeknown to us for quite some time that pipe had been run over by a tractor by one of the workers so that's what it looked like when we finally were like why is the water not going through this pipe and it was like 10 feet it looked like that uh in that so basically there's no way the water comes in there was no way for water to go out so uh we have over the years as you mentioned there's a across the street too I don't if you want to keep going I think um yeah so like two two yeah that right there the next photo down shows how much it that's where the water would run off the street down into this little like call it a swallow catch Basin area whatever you want the town I don't remember the last time they came and dug that out but they used to come and dig it out and then if you scroll down I think the photos are about uh uh five years apart if I recall it's completely filled in my neighbors are you can't even see the neighbor's house anymore like that's the same angle in the same spot um right there so you can see it's completely grown in so the water basically pulls up goes under this pipe underneath the street right there and then would just kind of ooze out onto the lawn so we basically like just followed the path of It kind of scraped it out and I think yeah if you look up um sorry go back down like two more ma yeah like right there um uh that's the end of it where it comes out now we we extended the pipe it's probably less than six inches under the ground um just where we had kind of dug out where the water channeled uh we were G to do that all the time it just was expensive to to put the pipe in but um we had that perfect rainstorm the other day the water ran perfectly exactly how it should like in my opinion to stop my neighbors I think I oh there yeah so the underneath picture um the water would basically run into every neighbor's like yard and flood them out because it couldn't go out so I put in like that little like kind of offthe side covert on this side so the water can just go in there and then get to that spot before it crosses over and you can see like we've marked it off now in the top right corner like it uh of the the where the pool is there I guess if you want to call it like drain pipe so like the people don't run it over anymore and we made it longer than it was um it's just the only way that the tractor gets from like one side of the swallow to the other on Matt's Farm um so I you know again I apologize but I I think it's it's working perfectly the way it should and just draining the property instead of flooding everybody's properties like that first photo so that's what we're looking at the outlet end that pond yeah and then down below the last one the last image is the outlet that's an outlet before it crosses over like so that's on my property okay and then it crosses over that little grass stretch and then it's probably a 300 yard run into Matt's uh retention Pond okay so you excavated on your property a kind of a for Bay type thing but you know that will drain into this yeah okay yeah Matt would Matt's totally for it like he's h i mean Matt you know he in fact we uh one of the areas that we graded I think in the other picture you'll see I mean we're using shells that are you know I mean they were using shells to also help with just drainage if it does come off the street it it will right there those are just sea shells right there um just to try to like hold water and let it absorb in a little bit more but instead it was just flooding everybody's yards my neighbor's still dealing with a really bad flooding issue on that other side and and again it's we've called the town we've stopped I've driven to the DPW and asked if they can come down on days like that when you see it I mean that's extreme rain extreme but but it but as soon as we got rid of the clog and realize what the problem was it just flowed it's been flowing fine okay so this is a really unusual situation where basically it it seems like it it's the town's responsibility to maintain the drainage structure that's under the road um a homeowner has taken it into their own hands to do this but the work that's been done is certainly in a resource and should have had a notice of intent possibly a emergency certificate at least uh which then has to be followed up with a notice of intent um but it's not clear to me if it's the homeowner's responsibility to file the notice of intend or the towns at this point and whether or not there's any additional mitigation restoration stabilization that needs to happen um following this work now that the flow has been reestablished so this probably is something that needs um a site visit or at least I'd like to be able to see it and think about you know what it is that we should do about this uh as a follow-up since we can't really have Property Owners you know take going out and and doing this thing you know without the town's permission without DPW knowledge or without um compliance with the wetlands protection act even though it looks like you know was kind of you know I don't want to know if it was an emergency but certainly a a you know a concerning situation with the backup on the flooding potentially impacting people's Wells and septic systems and things like that so I'm going to turn it over to Diane and see if she has some thoughts on this and um what I had written was who owns the pipe that was all crushed with and filled with the the dirt is that a town no that's Matt kazaki that's private property he doesn't have to do anything to it you know so I asked him I said Matt you know he he knew that the water was he's just he didn't really care you know he's like if you want to fix it you can fix it um he's like but I'm not it doesn't really bother me you know I mean so okay I mean it made our properties better but I think I said to M I said what what happens if Matt decides to close that pipe off then what that's my I don't I'm not afraid of that we have a great relationship with Matt like we I mean we're we're we're friends like so I'm not worried about him doing that but it was more it's like the water goes to an area and then there's there's no it would just stop if he wanted it to I think because he could just PL plug that and be done with it yeah I just didn't have a why that actually that other side was kind of more important on the other side of the street there that hasn't been dug out because that used to be almost a pond like I remember 15 years ago that was like a pond pond on that other side um and it has just filled in and filled in and filled in over the years and they haven't come back to dig it out and that was sort of the question is like who responsibility is it it looks like it's private property and it is correct it is private prop it's on my neighbors that the majority of that belongs to the house in the picture they kind of split the property line splits right on that pipe more or less I mean maybe the neighbor right there owns another two feet past the the pipe um but are they allowed to deal with that I mean they would love to it's a single mom I I feel bad for you know I mean she it's a it's a single mom she doesn't she's not real Handy like we've helped her out with most of the things around the house and she just kind of at a loss doesn't really know what to to do at this point yeah I mean I think it's it's they would be allowed to do something about it it's just a matter of by just looking at the pictures and everything the process if you want to call it that doesn't seem like it's been adhered to um and then like Mary was saying it just becomes an issue of like whose responsibility is it is the town even involved maybe not I don't know um because if it's all private land then the town really can't go on like you know you said you were calling DPW but what was their response did they say that they were responsible never got we never got like a we never really got a straight I don't know if there was turnover there but like nobody really knew everyone kind of was like oh I'll ask and come back again and I mean we're only like three blocks from the DPW you know what I mean so um I I think it was more like kind of passing the passing the you know the buck to somebody else and it just got to the point where like on on our side in particular I was like I'm sorry but I was like I'm just gonna deal with the flooding um and between Matt I I didn't think it had to be because I thought okay it's it clearly Matt has to be involved because our property line touches his property line um and he was like I'm in if you're in and we did it and I again I apologize for it but uh I mean I I think it looks I think it looks great we've already seated it I mean it's almost like it's I I I'm not exactly sure what else to say other than uh I mean we didn't ask for anyone to pay for it because I I figured it was on our property I thought we have to deal with our own private property in the fling is on our property and you can ask any of the neighbors from that point on down the street they'll all say it's drier you know I mean it's definitely drier than it was yeah the concern is that it was a wetland and and so the problem is that you alter the hydrology of a wetland that is supposed to be a resource that's being protected so if it's if it's now being drained and it can no longer function as a as a w that's what we need to figure out it's hard to tell from these images so I think you know rather than taking up too much time during the during this meeting because I don't think we're going to be able to get to the bottom of this uh without taking a look at it and doing a little bit more research this has just come to mind today so um if I might if I might bring up one more point though there is the plot plan that I had got that on the street Wetlands is on the other side of the street it's not on our side of the street okay what yeah like I've seen the the I went to the town hall and got the look like that's behind I'm not sure if you probably know the street but that the other side of that is all way they just went through that whole process of the to put that um new development back in there and even that's made our land even wetter in my opinion because it's wetter on the other side of the street now um but it just comes underneath the street and then went straight across right out the other end of the but I know like the I've seen the symbols I mean know the symbols for wetlands and it's there's no Wetlands on our property doesn't really mean on the yeah you can't you can't rely on the if you're talking about massgis symbols on the online version or on a plot plan that you have of your property Ma I don't know if you can help me with what that I was looking at what that yeah so that was that was the mass GIS yeah that's not a definitive determination of where wetlands are we can't that's all right it's a good starting place but just because it's not shown or mapped on that doesn't mean doesn't exist so I'm G to just quickly ask um uh Mick if he has any comments or thoughts on this no my my only concern is like as as you're talking there's multiple property owners involved here right you're doing some work in your property and and your neighbor's property and we've got Town property involved and I think for your own benefit it's it's probably a good to hash out where work has been done where work needs to be done because we have multiple parties involved here and my just I'll maybe refer back to you Mary how does that work when you've got multiple property owners involved and it's yeah it's only our property though I'm I'm sorry it's only our property really I I shouldn't be speaking for my neighbors they could I guess speak for themselves but it's really my property that is the issue it's where the work occurred Nick so if it's just his property that work where the work occurred you know he may need to file a notice of intent just to I just wanted to make sure you know yeah we hash through that just so if there's other responsible parties we we get them involved as well all that's a great photo too by the way so all we did was put a pipe in that little creek that we had kind of watched the water follow and we just it's basically that one picture shows it's probably not more than I don't know six to 12 inches at some point of like just fill you know not fill but LOM over the top of it okay that was a good picture though Woody do you have any thoughts um I'm familiar with the area uh and really a s sidewalks needed and like the sake of time that's all I have for right now okay um what do what do folks feel about a site visit I I know we usually do Tuesdays I'm not available next week um you guys could do one on your own and our next meeting is what the 15th yeah uh we could do we could do on the 14th is Columbus Day okay so I cannot do the 15th but you're probably more important how about um this week over the weekend F Saturday Friday is anybody available not available Friday could be available Saturday you could be Saturday morning I could be Saturday but I don't know yeah um how about Mick are you available Saturday morning uh Saturday morning I believe I am uh not Friday morning but Saturday morning I could be available and Woody I'll be around just okay what time 8:30 nine o'clock yeah Nine's good nine o'clock are we talking Friday or Saturday Saturday morning are you coming from Medford yeah I'm just I don't know what's going on Saturday so I'll just I'll take a ride up there so that um nine o'clock on Saturday morning we'll work okay all right are you um Jo John are you available at that time to show us around us you mean yeah will you be available then yeah am I available at n o'clock on this Saturday yes yeah yeah okay no problem yeah that'd be great all right and your address is 30 Riverview yep okay great so right if you're driving down 1A you know right before what's schedule something for 9:00 on um Saturday the 5th 5ifth thank you yeah Mason can you send out a reminder because my memor is a c so I gotta we'll do yeah thanks that too thank you very much great thanks John and we'll see you then thank you John okay okay thank you guys appreciate it we'll see you then thank you thank you okay the next item on the agenda is uh D file number 50-41 962 Middle Road um there's an there's an active order of conditions I believe it hasn't expired yet we did a site visit um two weeks ago I think Mason has an update since then because there has been some additional work done yep yeah so we issued a varial enforcement order um on that s sidewalk due to um some things being pushed into um the buffer zone um and since then um the um homeowner son who is actually doing the work um fixed everything that we would want to see fixed he stabilized the area um and put up the relevant erosion controls as well um and I can share those pictures second so in this area before there was a tree that had been pushed into this buffer zone area um and we had told the homeowner and um the person that was doing the work that we did not want to see that tree dragged out of the buffer zone um to see any more um impacts to the Wetland area um so we had him chop it up and remove the um fallen tree from the Wetland area establish erosion controls where the pre-existing flags were um and then seating and stabilizing the backyard um yeah and that's about it in terms of new work that has [Music] happened okay so it looks like it's back into compliance with the order of conditions um I haven't seen it myself but these pictures are pretty you know a vast improvement over what was there before um I don't know they say whether it had been seated or just mulched uh mulched and seated and then he has sprinkler on it as well trying to trying to something to grow in this fall okay so and they're looking for a certificate of compliance but I we're still not there yet so uh once they have once they have some vegetation um stable soil conditions then we can talk about that but I think we're not quite there yet so that's my my thought um Mick do you have any any thoughts on this one no that was my first first just till we have vegetation established we can't really close out an OC so yep uh Diane just for a procedural thing are we on the enforcement order still or have we well technically it's not an enforcement order yeah it was just a a violation notice so it's an update on the violation notice I guess so I guess we should probably table any discussion on the certificate of compliance until later in the the the next SE on the agenda so this is I guess we'll just consider this an update okay but it looks good thanks um 62 World okay so the next item on the agenda is um uh request for an extension of an order of conditions to EP file number 50-350 110 Hay Street this was work associated with invasive species control this is this is the do yeah this is the extension of the insulation of the seasonal gang way and the floating dog right so they're just looking for I believe a three-year extension is anyone uh on the call representing 110 Hy Street Sounds like not okay I don't have any objection to three-year extension I'm going to turn it around Diane no isn't this one that we just we give mandatory it's not mandatory I mean if you have if there's a problem if there's any change in the regulations that would might might affect the ability of the project to comply with the the standards or if there's lack of compliance in general then we don't have to issue it I have no problem at all issue okay Woody no sounds good okay it's work no I'm Fair okay so I would entertain a motion to extend the uh order of conditions for 110 Hay Street 50-350 for three years as requested some moved second uh all in favor Diane yes the Woody yes and Mick I and I vote in favor as well okay next items um CER vot in favor what's that I don't know if you heard my dog in the background I think he votes in favor so okay got you all right we're moving on to certificates of compliance here so the first one is um 62 Mill Road we just discussed that um 50-1 1419 and there um is a request to close out the open order of conditions and obtain a certificate of compliance uh any further thoughts on this di nothing further at this point um just because it's not ready okay and Woody agreed and Mick yeah agreed okay I agree as well so I think um the consensus as the board is that um this one is not ready for stratal compliance so we'd like to um monitor it until vegetation is growing so um I don't know if we need a motion to that effect um or or a vote on this particular thing at this I might as well take a vote um so all in favor of of the motion to continue the certificate of compliance until vegetation is established Dian um yes yes Woody yes and Mick I and I vote Yes as well okay the next one is 53 Green Street um to close out the open order of conditions on the property and request of certificate of compliance we also had a site visit on this um there was a question about mitigation plantings and whether they had been installed and they uh they were installed upon inspection and the fence was put up uh further from the Wetland and the the uh plan approved plan required so um I'm going to ask go around and ask if everyone is comfortable with this one at this point so Diane yeah I didn't um The Stockade Fence is that a 50 50 fence this was a um split rail fence and it was okay oh yeah wait it wasn't on yeah yes um it I was fine I was there sorry and Woody um I missed I was went to the sidewalk but no one was there so I will oh okay you guys go with what you saw because I didn't see it okay and Mick yeah I was unable to attend okay it we did attend it it it the site looks great it's nice blush grass growing it's very stable you know it looks in good shape and and according to the plan we do have an as built plan and a statement from the um the project engineer which was discussed at the last meeting so um with all that information I would entertain a motion to issue a certificate of compliance for 53 Green Street so moved second uh okay all in favor Diane yes Woody yes and Mick hi and I vote in favor as well okay now moving on 68 Green Street Lots one and lot two um both requests certificates of compliance there is um Mason has not had an opportunity to um do a site visit on at these properties this came in Fairly recently um there there was a lot of work involved two new homes so I think that we need to extend this um to the next meeting so that we have an opportunity to take a look at it um if folks wanted take a look at it after we look at Riverview we could do that um Mason do you have any other updates on this these two lots uh no no other updates at this time I have a updated plan um that has the accurate scale on it that I will upload to the Dropbox um if you guys end up um doing the site walk there Saturday um but that's all is there anyone here uh in attendance tonight that would like to speak speak on behalf of 68 Green Street requests for certificates of compliance good evening TJ Melvin with Millennium engineering U I don't really have anything to add but i'' be happy to answer any questions if the commission has any at this point no I think we just uh just need a little bit of time to review this one TJ so if that is um acceptable we can uh Mason will do a site visit and if he sees anything of concern he'll let you know and provide us with the report for the next meeting all right sounds good okay and we that'll be for both Lots one and lot two um okay so moving on 645 running a little behind so this is a a new public hearing new notice of intent D file number 50-h I think there is a file number 1436 for number 286 High road to construct an addition to the existing single family dwelling with Associated utilities an expanded driveway within 100 foot buffer zone to salt marsh area is there someone uh in attendance who would like to present this project yeah um my name is William Holt and I am here on behalf of the applicant Ron hasker I believe Matt Cummings is the architect and he is also present and Patrick camp um was the Wetland scientist who delated the wetlands um for the project U they're all present um I don't know if Matt wants to start or if he wants me to start it's up to uh why don't you start Bill and and show us the site plan I can do that I can share my screen if that's okay I figure out where it is that a it sorry let's see proba this here we go all right can you see that yes yes so this is the site plan let me just give it a little tweak so I'm going to zoom in a little bit on the existing conditions they're both on the same page side by side just to make it a little easier for you to see what's going on but U let me explain the existing situations uh right now the the property is uh 286 High High Street High Road sorry um map R12 lot one currently owned by Ron Ron haska who's the applicant it's approximately a half an acre property his own residential has an existing uh three-bedroom home on on the property it's located right in this location I'm highlighting there's a resisting driveway which is a cobble driveway that comes in and turns around and goes to a assisting Barn located in this area um existing septic is right behind the um existing house right this location it's 32 by 13 that was replaced in 2014 I believe uh an application that was for the board back then for the commission to place that and sered by Town water I I'm sorry Town Town water existing well located in this area and insistent Tree Line let me zoom in a little bit to give a little better view so the lot is pretty much developed you see a hedge line on the left hand side on the sly side of the property there's an existing wood deck that has access down to um to salt msh and goes out to a a boat ramp and a boat do boat dock that was permitted in 2014 as well um assisting tree line is right behind that deck it kind of follows right behind the property I'm following with my cursor that's the assisting straw and tree line all the way over to the right hand side and kind of comes back along the property line to the front um so the existing bond is located here and the wetlands or is a salt MH identified by Pat see Camp which is First Resource area and there flags A1 originally Flags A1 to flag A9 which is towards the street over here so it came along here total of the slope it's very very steep slope from the lawn area which is the interface with the tree line this is all lawn around the house except where the driveway and the buildings are in the wetlands save a A9 all the way back to A1 and just recently we went out earlier in September and um I used GPS to relocate the flagline with a Patrick Camp present and he followed me and verified that the stakes I was putting in or the locations I was putting in was the original flag locations we actually found a few of the stubs in 2014 on on branches that he had hung them on before um refreshed the flags uh I think couple of them I think on in this area over here A1 and A2 had moved up the hill a little bit about 2 three feet uh so we relocated those and showed the new location um and then we added flag A1A and a1b which extends the Wetland line towards the uh towards the property line because it had stopped at A1 previously for the sep design um which was over here we didn't feel that we had to go beyond A1 for the work it was proposed for the septic but we did extend it most recently so it's Flag A1A and a1b that were added also on the property there's um a uh River Bank to the Paca River and I show this 200 foot Riverfront area the riverfront was established by the mean high water is elevation 3.3 which is the uh nabd a 8 datm so that's a 200 foot um line from the riverbank based on that elevation and I will note that the 3.3 elevation pretty much coincides with the actual observable break and grade and the the salt MCH vegetation begins it's it pretty much parallels that line it's it's a pretty decent elevation to go with the bank so that that shows that line the 200 ft uh Riverfront area which is in our proper is on the property but will not affect the work proposing because all the work will be done over by the assistant Bond area in the house um to the right of the bond so additional area of a resource area we have is um 100e flood plane which is elevation 13 which is this red line here it's identified it could actually be sented out but it's basically follows that you know those two contour lines that's 12 and 14 so continues on in that same direction um again we're not doing any work in the in in the um blood plane or in the salt MH that works all on the upper level of the property which is about about 7 or eight n ft above the um resource uh delineation of the salt MH which is elevation approximately six and seven as you can see the elevations I took at those um flag locations lastly well yeah lastly we have um an AC the great M which is identified as elevation 10 the 1929 datm which is elevation 9.2 on the newer 88 datm um that would fall between eight and nine so it's down in this area um if I huse 10 as the elevation just it's simple to see that line would follow this elevation right here and so that's the limit of the AC and we're not doing any work in this proposal in the AC area as well that's the existing conditions and I'm going to slide it over to the I can find way to do that slide it ler to the posed and you'll see what we're are proposing so again here's the existing house assisting deck is a septic tank that's the leech area the assisting bond is in this area right now um the resisting Bond was I'm sorry back slide back resisting Bond was uh 42.7 feet from the salt msh a little close closer to the property line 19 16 ft from the the property line which is the stone wall in the back and there's a fence along the back is a well it's an old fence there still some post back there but lot lot less post than there used to be um back in 2014 there were more that is the propy line in the back so what they're proposing is to proposed to take the old building down and re rebuild it on a New Foundation a large of foundation um po garage under and a um living space above inition they'll connect between the building the assisting house and that new garage with AOS slab in crawl space and the reason why that's on a slab that's on a crawl spaces we have to be so far from the septic system 10 ft from a slab and 20 ft from a crawl space so they couldn't put a full Foundation under those two portions of the addition and then a a porch on on Piers in the back will be also proposed in addition to that they want to do a garage under on the right hand side so having a driveway come off the assistant driveway and come into the garage and then it will turn around come back out the impact on the property is about 5,836 ft in the buffer zone the zone is this red line out here L 100 foot buffer zone and this P of the driveway we're going to put a little wall in here to keep the grade where the well is existing with lawn in the back there'll be a small area that will be affected by the new work small area of the vegetation it's called 20 sorry 234 square feet I believe of area in this right through here where the vegetation is now that will have to be cut back to in Lone stripped and then a gravel base put down for the uh proposed turnaround back driveway and let's see so now the new proposed Edition will be 33.8 ft at its closest point um to the porch and 34.9 to the actual Bose garage of course the house stays the same por is a little further than that but that's the closest point um to the driveway it's 40.5 to the edge of the driveway here and 42.6 the edge of the driveway at that location again we're not doing any work down below it's all going to stay up we do have proposed hay bills to be installed or silt fence silt sock or straw waddle to be installed PRI to construction to keep any uh erosion from going into the down the slope and into the wetlands resource areas we do have a tree here it's a mature tree that's going to have to be removed to build a driveway and say in small area of vegetation there um not subject to the storm water management but we um will be designing a roof runoff for the proposed garage area that's being added um and that going to be right behind the the garage itself and we have a detail down below of that which is over here there some plastic Chambers in the ground where the Overflow is designed for well originally design that for a/ inch of runoff which is the first flush it's actually overdesigned by 200% so it's actually designed for the first inch of runoff um which will be treated and then infiltrated and any excess will be will have an overflow out of that into the in flow in down to here if it fills up which it probably will on a larger storm um we also are proposing a stone trench along the edge of the driveway uh I'm showing the proposed drive it's a 20 sorry find that number it's 21 20 2110 square feet of proposed new driveway um and I designed it as it was paved it may not be paved I um would have to uh refer to refer to the mat or Ron as to what they're actually going to propose for a surface um I did design it as though it was paved for this infiltration trench so I designed that also for the half inch and again it's designed for 200% larger than that so it's actually designed for the 1 inch runoff again that's the first flush which is where most of the contaminants would be and they will end be infiltrated into into the soil and there's no need to mitigate for like the 100e storm because it's single lot and it doesn't need to be uh doesn't require that for a single lot storm management so that's basically the proposal if you have any questions I'd be will to try to answer them um there's no natural heritage as well I wanted to mention that did check that there's no natural heritage uh habitat and uh think that's it I can say it but I know I don't know I don't know if Mason got a chance to take a look at the flags we did U say back on I think it was middle of November I middle of September Patrick and I went out and replaced all the flags so they're definitely there they're a little hard to see you have to look for them because it's um got some good ucation in the back there but it is at the tow slope you can sell it's um sloping right down and then it's pretty flat beyond beyond that okay thanks um thanks Bill and before I asked members for comment Mason are there any any updates that or any any other information that we should be aware of with no not not at the time I haven't been able to get out to the site yet okay um yeah there's a fair amount of work proposed in jurisdictional areas so this may be one that we want to have a site visit on as well um quick couple quick notes before I pass it on to the other members if you could leave the plan up Bill that would be helpful um yeah thanks the uh if you could calculate the total area of impact uh we just need to confirm that the town's storm water bylaw doesn't kick in which I think is one one acre of of disturbance so you may be well under that but if you could just confirm that doesn't have to be right now but uh to provide that information also on the delineation it appears that there's Coastal Bank as well that's not been identified on the site um so that would be uh something that I would be looking for so I'm going to turn it over to Diane I had a question on the delineation um are you you're basing everything off the delineation that was done back in 24 is that right um no actually we we we are um I went back out with GPS and was able to Ser you know relocate the spags by survey um which we had located back in 2014 and when I was relocating the flag resetting the flags Patrick was um present and he verified the line as we were as I was telling him this is the location where 89 is he was taking a look at the vegetation looking at the at the soils and was um indicating that if it was the same he would put this flag back up if it was closely he would tell me and we would relocate it so Flags A1 and A2 two were changed um slightly uphill um when we got to that point um A3 to A9 remain the same we added A1A and A1 B which were not present in 2014 but this happens to be from A2 I mean A3 to A9 the same line it didn't change any it's it's literally elevation six and then it goes straight up to to the top of the slope which is about a elevation 16 uh 16 18 so it's pretty straightforward in terms of where that line STS the elevations all seem to be pretty close to one another as well as as we shot them so they were verified with Patrick yep is Patrick I think present so I'm not sure if he's able to speak on that yeah that's what I was gonna just ask Patrick that as far as so you verified that what was back in 2014 is the same as it's marked on the present plan that like that's the current delineation as of 2024 correct someone needs to okay here I am can you guys hear me I can yes yeah okay so commissioner d uh O'Brien the delineation for all practical purposes is current it was done um maybe two or three weeks ago I think what bill point was this was the original delineation from the original notice of intent permitting in 2014 um it didn't change much but it did change a little bit which I adjusted the flags as Bill suggested it's actually a little more it's a little higher um which happens you know you never probably can never although it is a very distinct topographical break at the bottom of the slope so you really come out of salt marsh directly to Upland for the almost the entire length of that flag line there's a couple of areas where there might be a a Shad Bush or a Arrowwood um or a glossy Buckthorn that's you know could potentially be a bvw edge but it wouldn't only it would only be a foot foot and a half wide and then it's mostly salt marsh right at the bottom of the slope okay yeah I'm sorry I just wanted to mention I heard Mary's comment about Coastal Bank that's correct we we will um this is likely going to be the 100-year flood elevation Mary because of how steep the slope is yeah as long as D policy guidance to to and and do some transacts what you know on the plan we can we can look at it okay I'm sorry commissioner O'Brien I you had another question no that was fine just the narrative mentioned that it was a 2014 plan and I just wanted to make sure that it had been updated which apparently it has been um my other one just a quick one the the existing driveway with the pavers is that still going to be there or is that being removed in lie of the new driveway going in um my understanding is going to stay um I don't know if it's going to be shortened in in this area right here where it could be rounded off and that could be restored as as lawn or educated because the driveway is going to the the uh garage is going to be on this side right now there's no real garage door there it's just you do you mind if I speak to that sure I'll let Matt speak to that hi my name is Matthew Cummings from Cummings Architects so um this design is a barn design and so the intent is to have the image that somebody would be able to pull a cart straight up to it and that doesn't mean that the materials have to be impervious they could be perious or maybe a little bit more but um you know to sort of like historically have a barn without a pathway to the front of the barn would be a little odd I understand that might be contradictory towards limiting the uh impervious area and we're respectful to that so if there needs to be some math and a play on perious and impervious we would look forward to that okay that was all oh I just one more thing if that's okay and I fly understand that the Conservation Commission you know their concern is not necessarily historic context but this house really is like a Gateway into the town so we wanted be as respectful as we can not to everything frankly and so that's my last comment and the restrictive deeds and all that none of that affects this project right I'm assuming well meetting all the deed criteria okay okay like that uh thanks Diane uh Nick do you have any comments well I I'll probably have more I'd like to do a site visit of course um just question on the on the site plan U super detailed thank you for that uh just but I'm trying to call out of it there's a a red uh uh dot dash line or a dash dash dot kind of extends around the property I was just wondering what is that that's that's the um building setback zoning setback oh okay right there building setback typical yeah so that's the require front and side ads right and and I again my question was similar to Mary that with the existing paver Drive uh so intention is to have it remain in place as is right and I haven't seen you yes the idea you drive in and you drive back out as opposed to back out onto the street right understood um so that is a true paver driver would you consider it perious semi- perious impervious based on its current condition I haven't seen it yeah I I would consider it semi-pervious it's not it's not it's not gravel but it's not paved it's been there a while it's it's packed in and yeah it can have some infiltration through the through the seams but typically those clog up with some uh some finer material so it's not it's not porous papers that's for sure it's um it's Cobble right okay all right and uh matville just I'm Orien orienting myself correctly we're directly across the river from the riverfront Marine right yes correct same side okay all right cool I just make another comment it's on the North side though yeah north side of the river not on the River Front yeah north side of the river across from River Front if it's okay like comment the bridge starts right here right at right at the property line essentially yeah got your only uh other comment nick uh no no I I'll Reserve uh follow on S sidewalk okay boots on the ground and see what we're looking at okay and uh Nick I mean Woody do you have any comments um I will comment I a sidewalk would be useful yeah and on the north side of the property line where it says existing fence I believe there's a row of tall row of U abraitis I believe or some sort of plant they've grown quite tall and I'm just a sidewalk would be helpful because I wouldn't want to impact the uh screening that they have between the neighbors and themselves there with the driveway if the driveway affects that and uh I'll save any other I I'm also interested in what the new driveway would be material wise but I say any other questions for after the Salk thanks W um one question before I turn it over to the public um is the are there any open order of conditions on this property has there been a certificate of compliance issued for the 2014 order of conditions that I don't recall I will check and we can um close that out if there is that was for I believe 2014 was for the doc um and then there was one for the septic the septic was right before that so yeah okay if you could check on that that' be great because we like to have those closed out before issuing any new orders so Mary I'll make sure to let the client know but I'm I can't say depending I'm reasonably positive that he made a point of doing that in the past year Clos very well could be and I miss it so Mason can check on that as well um so are there any members of the public that would like to comment on 286 High Road any hands up okay um so we we have a request for site visit and not wanting to burden everyone on their Saturday mornings and load up on site visits does anybody have suggestions for when to when they'd like to take a look at this do we only have the one we're not doing did you say Mason's doing the 68 Green Street ones um well you know anybody who would wantan to we could do we could do it then we could do it then as well but I didn't know if if we didn't schedule it in particular yeah no I was just thinking if we weren't doing Green Street then it might not hurt to just go right over after you like a 9:45 I'm not available this weekend I'm and I'm going to Maine so I won't be around I think it would be helpful to have it have it staked out too Bill um okay yeah that would yeah so since I'm going away I probably won't be able to STI it out till sometime next week so okay so we're looking weekend sorry uh so do you want to try to set something up for the week of the October 7th is that the week you're away bill or the no October 7th uh that's not this weekend right that's the following weekend that's a Monday but uh Tuesday we usually do Tuesday Mornings so October 8th that might that will work probably what time uh that would be like 9:30ish oh we could do it before we could do 8:30 and meet and do the other one at 9ine how about how about 8 o'clock on the wait a second on you're talking about Tuesday the eth Mary I thought did you previous say you available on Tuesday yeah let's do eight we can do eight on the eth I'm up for that yeah I will not be available but I can set up something separately with Mason because I don't want to hold up you know I'll be gone that whole next week of the seventh yeah um can you do that Mary what's that Dian on 8 28 8 n 10 11 yeah yeah yeah super positive yeah I'll I'll be driving there Saturday I'll be driving there Tuesday so that's fine eight o'clock Tuesday all right would that give you opportunity to stake that out ahead of time yeah I should be able to okay all right so we have a request for a site visit on October 8 at 8:00 um do we have a request from the applic to continue the public hearing yeah yes okay thanks Bill was muted uh I assume you mean to October 15th to the next meeting 15 we'll spend special time together that evening okay October 15 uh so we have a do we have a motion to continue the public hearing to October 15th with the site visit on October 8th at 8 am so moved second all in favor Diane yes uh Mick hi and Woody yes and I vote Yes as well so thanks very much uh we look forward to learning more about the project at site visit thank you everybody okay thank you okay where are we let's see uh the next item on the agenda is D file number 50-1 1432 that's three Newberry Port Turnpike for construction of a mixed use residential building and parking area installation of utilities and all Associated grading within 100 feet of a bvw and ivw which doesn't apply in this case because we don't have that resource in nuber but um in any event I think we have a request for a continuation is that correct Mason uh yes I believe so okay uh you did you receive that in writing yep uh let me pull that up I had to step away for a second yep so they they'll be continuing until the October 15 okay great thank you so uh do we have a motion for a continuation of dp5 number 50-1 1432 to October 15 I'm moved second all favor Diane yes Woody yes and Mick Mick's Rosen but oh did you vote Yes too and I vote Yes as well thanks y okay next item on the agenda is 50-h no file number 46b Cottage Road Demolition and removal of the existing residential structure followed by the construction of a new three-bedroom single family residential structure on a full foundation and other Associated site improvements Associated site improvements include new septic tank and pump chamber installation and new pave driveway and reconnection to existing Utility Services I believe we also have a request for a continuation on this so I would entertain a motion for a continuation to October 15th meeting so moved uh all in favor Diane yes Woody yes Mick I and I vote I as well uh next item on the agenda 50-1 1435 2 to8 Old Point Road applicant proposes to remove one existing landscape boat feature to permit one previously installed 8x20 temporary structure on the plans as the mobile merch container and to complete installation of previously approved plantings in various alternative locations and species prior plantings had been approved as part of the EP file 50-34 this there's also been a request for continuation of this item on the agenda so I would entertain a motion uh for a continuation of this item to the October 15th meeting so moved second all in favor Diane yes Woody yes and Nick hi I vote Yes as well so um are there any other uh staff reports or updates that we should be aware of Mason uh no not at this time okay well I guess we have another one in the books then any other final thoughts before we adjourn who journ all right all in favor Nick Diane yes yes everybody's in favor so I guess we'll see each other Saturday morning Saturday bright and early what time 9 am yeah send out their reminders and such so everyone has yeah you assisting my my failed memory Mas so no worries all right thank you see you then