##VIDEO ID:8DNegCtYoXc## all right uh welcome everybody to the Monday August 26 2024 Norton Conservation Commission public meeting uh Dan if you would do the honors happy too pursuant to Governor Healey's March 29th 2023 Bill extending several Co era policies and programs by allowing virtual meetings to continue from March 31st 2023 to March 31st 2025 this meeting of the Norton Conservation Commission will be conducted via remote participation to the greatest extent possible specific information and the general guidelines for remote participation by members of the public Andor parties with a right hand or requirement to attend this meeting can be found at the end of this agenda members of the public attending this public hearing meeting virtually will be allowed to make comments if they wish to do so during a portion of the hearing designated for public comment by raising their hand virtually or pressing star n if participating by phone no in-person attendance of members of the public will be permitted but every effort will be made to ensure that the public can adequately access the proceedings in real time via technological means in the event that we are unable to do so despite best efforts we will post on the Norton Cable website www. Norton media center.org and audio or video recording transcript or other comprehensive record of proceedings as soon as possible after the meeting thanks Dan so it looks like we have uh Joe Dan T mark uh Mi missing uh Paxton Julian and um is Megan going to join us no okay no she's still on vacation okay that's right she's in greas um okay so it doesn't look there are no new public hearings tonight so we're going go right to the continued public hearings on the first file up is 250- 11161 171 West Main Street for an an ride um I understand there was some back and forth this week about the uh flagging whether or not the area was flagged John that you went to the site and there were no Flags is that correct yeah I was out there there were no Flags out there so I sent an email over to the applicants rep and I haven't heard back yet so I don't know Brian's on the call tonight maybe he can kind of outline some stuff so Brian okay thank you very much members of the commission Brian done with MBL Land Development and permitting office at five Bristol Drive in South eastn for the applicant Valentine Tool uh yes we did receive uh John's email I did reach out to our Wetland scientists uh we're in the process of um trying to get um an authorization from our client to reset the flags uh so that um John or whoever is going to be uh going to review this Wetland line uh will have the uh the flags on the ground um I was not aware of the the flags being missing uh so we'll make sure that they're reset so and um also um make sure that whoever is going to be reviewing the Wetland line uh does have that information uh it will be uh once we reset them on the ground it will be the same location as shown on the plans that we've submitted to you so once that's done uh we can reconvene and and have it looked at and then have another meeting with you so I would like to uh request a continu continuation for at least a month I have a question before we do this Mr D when were these flags set could you tell us when these were set the original flags were set yes there it's in the uh the anr application that we submitted uh let me double check that for you so John do we charge a fee for having to go out again yeah if they choose to go with us we're going to charge them the amount that potentially a peer riewer would do it anyway so that's how it happens if we have to go out and reconfirm the wetlands because of any sort of inconsistencies with a submitted permit application uh the other alternative is that they can uh request that a peer review be done instead um we do we do by hourly basis I can't remember what the fee is this would be the first time I've ever encountered this or um first time that I would ever have to you know charge somebody for doing an an Red Review here in Norton okay uh just for the record packs has joined the meeting okay so if I may through the chair the latest date the BST was out there was February of 2021 so when the BST was there does it say if the flags were set yes well we they were definitely set because we located them yes sir through the chair they were they were they were hung and they were Field located by survey that is correct that's the those are the certifications on our plans so were they all missing John I mean how far did you go I'm just curious well the areas that I looked out were closest to the building and I looked and I couldn't find really any remnants or any sort of flags like bright fresh Flags um that I typically would see with any sort of anrad application request so didn't see anything and I wasn't going to go searching for hours because my time's valuable and unfortunately I got other things to do okay so you will confirm Brian um before well we're going to continue the hearing first but you'll confirm that indeed U it was flagged before John goes out attempts to go out again yes that's that's what I would like to do yes thank you so well the next public hearing is September 9th but I'm guessing you want to go with the September 23rd yes please okay so I need a motion to continue the public hearing or file 250-1648 to the 923 92324 meeting I moved second second motion by T second by uh Mark roll call vote Dan and Joe all Mark and T hi hi I think we missed Joe there he's on [Music] mute so computer was having issues there I I think I can I'm informed enough to vote on this so I I okay so uh the motion carries Joey that was an opposed okay uh motion carries with majority so um just confirm with John if you will Brian that um the wet ones have indeed been flagged we once we get the flags reset on the ground I will be in touch with John and and Megan to let them know okay thank you and Brian Brian one thing I also would also request is that the Wetland scientists go out there and do uh transect forms just to make this a little bit faster than you know rather than to hold this up any further than it needs to be okay so one of the questions she did have um was where did you want those transects to be done every single she's she's the qualified Wetland bnst so she should be able to tell me where those transs are going so typically when I mean I can tell you that you know from my experience I've never flagged nor have I ever um submitted when I was a consultant an application without transect forms for 176 acre parcel so I would say that at least some of the BBWs because those are what is regulated regulated under the ACT we obviously do not regulate iws but one of my concerns that I do have when I was out there was that there's a culvert that exits one of the isolated Wetlands that you're calling out and where does that culbert go I don't know does it go to another regulated resource area because that Culver would then technically be a stream and it would be a uh a BBW versus a ibw so those are some things that the Bist should take a look at when she's out there um and I would definitely make sure that you know just to try to expedite this approval process or review process is to make sure that you you know take a finer look at a lot of these potential areas that are you're calling iws and be sure that these areas are iws yeah you got it okay thank you very much everybody thank you have a great night so the next continued public hearing uh I don't know do we have a file number yet for zero Hill Street once zero Hill Street I don't have one per se I didn't received one from the state they may have released one in the last couple days but they have requested a continuance for that one okay so it just for the record at zero Hill Street map 24 pars 62- 02 for the construction of a 30,000 ft industrial building and Associated septic system parking 3.2 Acres with lay down in STM Water Management so I need a um motion to continue the public hearing so moved second motion by Dan second by Mark um Dan and Joe I hi Mark hi I and pxton I okay motion carries uh so there's no uh new requests for coc's or extensions um what next order of businesses sign issue the order conditions for 250-1 160 for 266 Taunton Avenue uh everybody have a chance to take a peek at that uh do you want to call it up on the screen um John might be easier if possible 60 anybody have a chance to look at it see if there's any comments is this something that was attached via email may I ask this was in the Google Drive dox oh okay did you not see it I I actually have it I can actually find it in my Google doc Drive oh if it's if it's there it's there I I thought there were only four uh attachments today U judging by the dates sorry my uh my mistake so it looks like we have five unique findings to this project and the rest are special conditions John 16 266 taunt yep so did anybody have any comments or questions I do not okay so I did a motion to uh accept the draft order of conditions as final excuse me moved second motion by Tom second by Paxton Dan and Joe hi contemplating okay Mar hi hi pxton I motion carries uh next is review of draft minutes from 82 no 812 2024 um it look really good to me I didn't have any comments but Dan W Smith extraordinaire Dan you got you gotta have something because Megan's not here something didn't we miss a period or colon or I don't know I me yeah well I mean lay down area I don't know does lay down area yeah is uh is that hyphenated no it's one word in the business one word one word all day am I getting the word right even lay down area I think you're trying to reach here Dan yeah it's a it's it's a term that's widely use it on constructions no it's one word yeah I wouldn't lie to you Dan I would not is that all you got Dan that's all you got tonight come on no I believe you Lisa all right all right anybody else no is it is on 250- 11161 is it supposed to be brain done or Brian done sure I mean I think that's a good one that's a good one I like that I will I will let her know [Music] [Music] that minutes if you want me to I mean if you want me to fix some stylistic things do I I think we're okay we got a a motion by Joe and a second by Paxton um roll call Dan and Joe I don't think you want me to though do you uh there's a motion I'm doing a roll call catch up hi I Mark and Pon I I and Tom [Music] obain sorry I wasn't here so I don't know if I abstain you abstain yes okay all right we're just cranking right along uh we're under old business new business any updates John uh for me it's uh just getting back into the swing of things coming back from vacation uh Megan's out on vacation so I'm doing all of this the office stuff but um no just new products are coming in um we will have new projects on our next agenda I think we have a septic repair project and some other potential um solar clearing for um the property that's I guess near flatly I think it's the the bottomly bogs that up that area up there so they're going to be coming in with something so um that'll be in front of us for the next meeting um and I think there might be something else that I'm forgetting oh a certific of compliance for u a septic um project so those are the three things that are on the doet for next week okay very next time yeah um under new business Lisa I'd like to make a motion to limit time to new projects to 10 minutes and continued projects to five minutes of discussion I have a motion on the floor by Joe discussion interesting any discussion is that some what what are the benefits of I mean obviously the benefits are saving time but does that still allow enough discussion and debate to give the commission what we need to understand this will allow us to streamline our projects so that our Engineers are making sure they're submitting accurate documentation to us so we can review them accurately and not coming back to us multip times and unfortunately you know tying up our this commission's time and dragging projects out how would we enforce that it's a Time discussion so you would be limiting any new project to 10 minutes so if they need to continue beyond that time it would automatically move to the next meeting or we could close out after 10 minutes or five minutes does that include the presentation time uh I would say that would be discussion not presentation time okay I I can tell you based on my experience I I've experienced it with one commission and it was quite brutal I will say because sometimes we would have gone through a month of preparation to try to get everything onto the record you have you know an some of people could be the lawyer the engineer the permitting person and this is in the old days when we used to drive there but still you get all this you get all this ready to close and ready to information for the record and you were cut short and it was quite aggravating was this in Bourne was it in Bourne no it was a b town I'll say that the town being to b95 and they were very strict about it and but it was a it was a big blow in a let down because here you were preparing and preparing and preparing and then all of a sudden it was you might you might have only had five more minutes to go and then you have to reconvene and do it all over again and waste the client's time and money to get everything together again I just I found it a little harsh but what I do think I do think a way to fix some of the longer ones is to have John do a little bit I mean I like give John a little bit more but to do a little bit more behind the scenes not beh I shouldn't even say behind the scenes but typically so for instance this this issue with the anrad it could have been a 30 second discussion Wetlands weren't flagged go do it come back when you get it done bang so I think we could be more efficient that way but yeah I just foresee it could be very challenging to have a good thorough discussion about some of the more complicated Pro uh projects certainly there's some simple septic ones that that come before us that we can get done in 30 seconds I worry about to scale ones that there's a lot of good discussion about some real finer details of the project well also flexible to that are we going to cut off a Butters if there's a large and complicated project do we I don't want to appear that was either so can't do that we can't cut have been oh go ahead sorry sorry I was just I mean I'm I'm not familiar with how other commissions have worked Lisa have you seen places or other successful um approaches to because I definitely get where Joe is coming from with how long some of the conversations can drag on and the fact that if people are not really fully prepared it gets very aggravated but I just didn't know if you had some other Solutions or other things you've seen that have worked no well I think the chair has to run a tight meeting I think they could be run a little tighter and a little more efficiently and and just saying okay okay you still owe us information let's continue I know I know from my experience when I was a consultant is that they would give you a window of like 10 15 minutes to present your your project and if you kept rambling on about the project then they'd say well you know we have other projects on the agend the chair would say we have other projects on the agenda and we need to move on forward is there anything else that you know do you need to continue this or do you need to basically can you finish up you know to talk about it and I think that I can see both sides of it is that we want to give the applicants the you know sufficient amount of time but we also want to eliminate any sort of you know extra stuff that isn't really necessary for the commission at the time to kind of discuss and also the the board members to discuss and and go on other things to or the public or things of that nature too so you know I get it all and I understand it so I'm open to kind of whatever you know the board wants to do but I could add time slots to people and you know if if the commission feels that they want to you know you know go by them they can if not then you know if they want to use it as a you know a safety net we can go that route um we can be a little bit more loose but you know if we'll have like an hourong discussion you know we can potentially be like all right you've gone over your 15 minutes of time you know I think it's time that we figure out another uh meeting set up for for two weeks out so at one point we did have time slots do anybody else remember that so I think they were every 10 minutes or however actually Jennifer used to figure out okay this should only take three minutes because I'm going to speak and put this to rest and this next one should take 10 minutes and so she would assign time frames for them to each one so maybe that would be helpful so I could do that I mean I can add time slots to each new project and then depending on that maybe add time slots to the continued projects if we know that it's going to be a you know a lengthy discussion about stuff but you know my my whole kind of thing with this is you know when you submit a project everything should be kind of all buttoned up and kind of everything together and you know the only thing that may you know delay your project should be any sort of other outside reviews like storm water any sort of other things that were not you know you know you couldn't think of you know out of the ordinary for things that we uncover or something like that but you know just to have kind of what Joe's saying I understand what he's coming from from a kind of having a tight-knit meeting but I think you know I think it's just kind of all you all you all to basically figure out what we what works best for all of you I guess is kind of what I'm getting at well one one thing we we can definitely be aware of is is those nightmar situations which are mostly when there's a a a pro when the uh person applying doesn't want to do something and we can get into these circular situations where well you know your property is going to flood well my property I yeah but I did it this I did this and that and the last person and then five minutes later your property is going to flood yes but I did that and the other I think we have to um you know do do something about ones where we're talking in certainly the ones where we're talking in circles so Dan that's why the my motion was this way because yeah well I'm and I'm sympathetic I don't know if you can I don't know if it can be done I mean uh well I think it can be but I think we need to have Julian's engagement and in Bayan with this um because he's G he runs the meetings right so maybe we tell him you know we got to start moving these along um and and ask him I think we should take a stab at it first because we're in charge right so maybe instead of giving people time frame we just say okay I think we've uh heard enough for the record tonight we're going to continue this public heiring and we just continue with I think that's a great idea I think that's a good thing internally have kind of a kind of a stopwatch going in your heads and just be like okay well we don't want to listen to this rigor moral for 10 more minutes so let's let's move on to the next thing yeah it's probably why you don't want me running every meeting because I'd be cutting people off at the knees every 10 minutes I think that's I think that's great if you that I'd be okay with it you're you do a great job Lisa so so but I mean we have to defer to the chair and I think at this time Lisa I'm going to redact my motion and we'll move it forward through further discussion yes when when the chair is present when the chair is present okay and and discuss it with him and maybe see if Julian has a way out or um you know maybe I take over for a little while and run a few meetings and move them alone I don't know maybe we share keep uh sharing I don't know so so I'm gonna throw another one at you okay I apologize for this and you being the the the brunt of my battle axe this evening nothing hurts my feelings Joe I'm tough one goad I would like to move into at our next meet I would like to make a motion to move into at our next meeting executive discussion about policies and procedures and how we go about enforcement okay so that has to go on the agenda correct for September 9th I don't think you we don't need a motion for that do you John um you do need a motion to go to basically vote to answer it to answer it but not to ask to add one to the agenda so I need to advertise it so I need basically everybody's vote to to basically advertise it on the next agenda so okay so there's a motion on the floor from Joe to have an executive session following the n924 public hearing about policies and procedures about policies and procedures I need a second second second by D motion by Joe second by Dan roll call vote Dan and Joe hi hi Paxton th hi hi Mark hi okay wishing carries anything else Joe keep it coming sorry Lisa you I have F the tree this evening all right you good good now can I introduce a motion that everyone attending the meeting should be wearing purple for the town and green for con a or no Dan Dan I'm already wearing green so I'm good thank you oh okay all right well hold on we still have um old business uh enforcement order 92 East Main Street with that John I think Brad uh Holmes is here this evening he's going to give us an update hey Brad good evening members of the commission along with me this evening is Joe kenti for his property at 92 East Main Street and Joe o'ban with capital Engineering Services so we discussed this enforcement order with the Conservation Commission during the RDA application for the tight tank and we had two options with the commission basically was to address the millings that were put in the buffer zone in the riverfront area without a permit through either a new notice of intent which at that point we would come back with something that would be a a reconfiguration of the parking lot or bigger parking area or something different or we could work under the enforcement order just to remove what was there and bring it back to what existed previous so because we haven't come up with a design for something towards a notice of intent we were looking to resolve this enforcement order to bring it back to what it existed previously so what we submitted was a restoration plan to remove the the Milling area to what existed previously which we have identified on the restoration plan using the 2023 aerial image so we'd scrape off the asphalt millings we' loan and Seed it and then leave it as is which would be know what it existed previously um since the enforcement order Mr KY hasn't done any activities in the in the back lot in the sense that there is you know existing field he's left it to um sit until we have this agreed upon with the commission and at some point we'll get to mowing the field and you know maintaining to what was there but that's just maintenance of the project oh I'm sorry maintenance of the property uh not part of the restoration proposal so we're hoping to get this behind us so that we can continue with the maintaining the property and bring it to to what existed previously with that I'll I'll bring it back to the commission okay so John did they submit a plan for the record for the restoration that's acceptable they did and to my knowledge Brad it was the same plan that they you came in with originally right I can share my screen pull it up if that helps yeah let me just uh you're a co-host the same plan yeah you're correct we haven't made any changes to it yeah why don't you just p on your screen that's the that's visible okay yes okay yeah that's the area shaded in red which would be the new Milling area that would be addressed for this enforcement order you showing any sediment controls here uh we do have a kind of a list a task list um yes we would put erosion controls at the limit St Stak straw Waddles prior to any earth work we do have a memo that kind of has a step-by-step action item uh we would put a straw water line along the limit of the Milling area um we'd stake out the the line so that it's a shown in the field the an excavator would remove the millings we top dress the area would Lo and then we'd seat it with a slopes and shoulder seed mix from the mass do to stabilize it and once completed we get a a memo to the commission with photographs to document that we've completed this work and that's outlined in the memo accompanying this plan I have a couple questions here if you're ready okay um what are we going to do to make sure that Beyond this area we're not encroaching again is there going to be some large Boulders some structures some buffers so this area is not going to be used impacted again what was impacted was the the placement of millings on top of the field area that's the result of our enforcement we're not proposing any change in use of the site the site has always been maintained as a storage yard or a commercial lot at some point in the future should we need to come back to the should we need to modify this design or change the use we're going to need to come back to the Conservation Commission through a notice of intent so any Chang and use our last interaction said that they were going to continue parking Vehicles back there and continue to use this area after it was seated in in in to back into an area so could you explain to me how from our last discussion till now um we got to hear and how we're going to make sure that we're not going to impact this site again sure the commission issued an enforcement order for the placement of the millings the commission hasn't in issued an enforcement order for for a use we documented in the RDA application this property goes back to way before the wetlands protection act um we're not proposing any change in use here I'm not saying that we're going to put loan down here and then we're going to go drive a a you know a a Mudfest tractor trailer uh uh you know scene here but we're not proposing any use restrictions on the site but once we appli the millings or the millings have been applied we have't changed the site use so no the site use hasn't changed you the commission had issued an enforcement order for the unauthorized placement of millings within the buffer zone and the riverfront the commission did not issue an enforcement order for use on on the property we've addressed the the action here with the millings but by placing the mill millings you facilitated a different well a use from vacant land to a parking it was never vacant land show the imry here I so before you before you show the imagry what one situation we can do here is we can definitely Rectify this with a whole bunch of boring across the site to identify where it originally was if we need to go that route we could your commission can issue an enforcement order if they go out and they and they find that the use isn't in along what was there and they want to issue an enforcement order you can you could do that what we've done here is we've identified the 2023 line of where the where the millings are basically what is this is a degraded Riverfront that the grass area of the field is kind of grown over um the millings um that were there previously I mean if you did borings out there you're probably going to find more degraded area that we identified in the plan but in order to come to a resolution with the commission we're using this imagery if you go to 20121 I'm sorry 2001 you can see that it's even more highly used you go to 1990s it's even high heavily used more than that we included in the RDA application of a detailed uh aerial imagery and topography here to to go so that you'd have that on record as far as what the site was used for we're not change proposing any change in use here we're not proposing uh something that's you know out of line with the commission and trying to to um not be agreeable we're just we're addressing the enforcement order the easiest way we can to bring it back to what it was as I said if there's a if there's a need that that area has to be used for something different or or the use of the Loom and Seed isn't suitable we need to come back to the commission with a notice of intent so when after you loan and SE it nothing's I'm just asking a question nothing's preventing you from parking Vehicles back there correctos to right we're we're not opposing anything right I I I think what you're saying if I'm understanding correctly and I think the historic area largely support this is that the the use of that site for parking vehicles uh predates this violation but it also predates the Wetland protection acts that correct that's correct yes see a going back to the 70s where it looks like there were Vehicles parked in that generally that same area so that was grassed before but some point in the last few years the Milling was replaced and that's what we're yeah we're discussing here do we do we know when the Billings were placed the the millings that were there previously 2021 I don't know when those were priced um again the enforcement order is for the new millings so we're trying to address that um it goes it's highly degraded Riverfront area there's no question about it does it meet your degraded versus non-degraded criteria for the riverfront regulations that's something that um we didn't get into a study on because the easiest route for us is to address the enforcement or this this manner and then regroup and come back to the commission another day through a notice of a 10 if that's what we need but right we're not to that level yet if the millings so you know that you know as well as I do my earbud just fell out that the definition of degraded is lack lacking top soil so if you threw the millings on to you know uh to change that when [Music] um and you know you degraded the riverfront area yourself so once you revert it back now to to Roman seed you will have non-degraded Riverfront right exactly this is Phil on top of Phil on top of Phil it's a historic Years Phil now does that Phil have top soil yes some of it does some of it doesn't um could we do a study do borings every 50 ft and come up with a analysis and then come back to the commission and say well this this level and that level yes yeah um that would be something that we could look at a notice of intent with but also there's a there's a significant area here that could offer mitigation for new degraded Riverfront so you could do a 2:1 ratio mitigation for new amount of degraded Riverfront area it you know through a notice of intent if that's what we were looking at but that takes studies and uh storm water management and something that uh is going to need more time okay so I assume you're looking to see this this fall we're looking to yes everything we're looking to comply with the Conservation Commission and resolve this enforcement order and yes this fall would be the time to do it okay uh John do they have to follow this up with a with a my God I haven't worked on enforcement rulers in a while we have to follow this up with a notice of intent to rectify the enforcement order for the work they don't have to um okay that was one of the things that I recommended was an after action if they were planning on doing something there if they're doing this is just a restoration then they can do it under the existing enforcement order but in the event that they it doesn't comply with what they're showing on the plan then they're going to have to file a notice of intent so as part of this enforcement order they need to make sure that they do everything as outlined in this um okay this this mitigation plan that they're presenting to us okay the one thing I'll ask is you mentioned you have this this description and the siment control measures in a separate memo and I really want to see that on the plan so that the contractor has the if if you don't have everything together I did put the step by it's in the memo but I copied and pasted the tasks on this one through seven here okay and the note or the detail for the control measure I don't have a detail for the straw waddle okay we could I could follow that up with a right so then how does the contractor know what they're ordering and how much you know what to put in so that's why like if you could add a detail this to this it would be great we can do that okay so it sounds like we need a vote I guess to accept this restoration plan as a step towards um rectifying the enforcement order yes right John I think that's correct that's correct Lisa I didn't know if you were looking for you're correct in that statement yes okay okay so is the commission well first of all does the commission have any other questions about this my question is still you know how do we identify this limit of area and how do we continue to make sure that it's not being impeded upon there's there's nothing in this plan that I see that's not saying we can just go back to where we put millings on it they've identified the limit of the of the millings they're saying that they're going to remove those millings and restore the area and that's really they're asking us to rectify not what could be done that's going to have to be the subject of another notice of intent or a no to 710 yeah and how do we enforce that at this time well we won't release the enforcement order until they mow this place twice right just just like you treat it just like you would in order a condition so they'd have to plant it seed it mow it a few times and say it it held it achieved final stabilization and then we lift the enforcement order but in in most projects you know we at least ask for a minimum of signage not to go beyond an area you would if you had a notice of intent and we were in the buffer zone and we were looking at a undisturbed buffer strip um you wouldn't do that if you had a you know a yard that was maintained and you know is a yard this is somewhat similar to that as a maintain property unfortunately it's an after the effect you know we've we' this is an after effect situation this isn't fresh virgent this is this is after the fact this correct enforcement order to address the unpermitted action of placement of millings in the buffer zone and River this proposal REM remedies that by removing that yeah I just think we opinion to the to the issue of there being some limit here or I guess there has to be some trust that the the property owner doesn't want to go through this again and so they know they made an error they're offering to resolve it but it it doesn't um it doesn't change the the limit of the property that they can use for the purposes they were using before before I think is the argument here yeah I will say this yeah is that um this enforcement order prevents the ex U issue of any future notice of intent for the property so they need to make sure that they comply with they need to make sure they comply with this enforcement order to a t if they don't they'll never be able to do anything with that property because the majority of the property is within the riverfront area and it's in their the client and the applicant's best interest um you know to to make sure that they do and facilitate this mitigation plan and that and anytime in the future should there be a proposed project we submit a notice of intent that doesn't preclude us from preparing and submitting a notice correct so John do we need a motion a vote on this or we just it's for discussion purposes that we will accept this as the uh remedy to the um immediate enforcement order or on the on the path to rectifying the enforcement order that's correct as long as the the majority of the commission's comfortable with this U mitigation plan and restoration plan as proposed um the applicant and their representative can move forward with this Pro um this project and then once everything's completed and they come to terms of um you know potentially having closed out then they can come back to the commission and with all the documentation and then the commission can vote to release the enforcement order and that would be a [Music] vote okay I would just ask that you add that settlement control measure I will update the plan and get that to to okay John and his office [Music] okay all right so I think well if we don't have to make a motion or have a take a vote John I think it I'm going to tell if the majority of uh the commission members are okay with this so if anyone has objections to the plan as it's um laid out here this evening um please speak now or raise your hand um if you're opposed to it um you know just let us know uh like I say I have the one opposition I have is that you know there's a determining line that is well noted that it should not be infringed upon um maybe a good idea to address that Joe is to maybe put some distances should maybe have some distances on the plan Brad if that makes sense we would have the limit staked in the field by the surveyor so that we know those could those could go away so um you know what I'm saying I those could what would be interesting is maybe some distances in an area or you have that I see you have 14,000 500 ft there that's that's good but I mean for us to you know to make sure that that the uh to address Joe's concern that everything was removed maybe we just need some some distances on that um around that sure distances some length and width kept that be helpful so you could at least take a plan in the field to anything would help anything would be helpful for the for the future use yep so so that whether I'm here or you're here or John's here any of the board members here that it has a document that we can actually y go by okay so I think if you can add some distances around there you offset from the property line between the red um you know the start of it and the width um so you can just kind of follow it all around so you could you could take a tape measure and measure it in the field I guess that's the winess test there yes I I could certainly do that get distances and get a revised plan too along with that set control okay just a clarification on my end um the com thank you sure thanks just to before before you close this item out if you so if you're not going to vote on it that's that's again that's your decision but we're we just would like to have some we're leaving here that we have an accepted plan I guess the the commission is is is in agreement with this we just don't want to get this work done and then they not be in the minutes that it was agreed upon or well if somebody wants to make a motion that we accept the proposed restor ation plan pending uh some distances anded changes line yeah then I but I'd like to make a motion that we accept the plan providing they provide accepted measurements and distances okay second uh motion by Joe second by Dan uh roll call vote Dan and Joe hi hi Mark and th hi hi all you got it Brad thank you very much just W there be any confusion thank you okay have a good night all right thank [Music] you so we have a VI next item is a violation notice for 258 plane Street yeah I got back from vacation and talked to to Craig about it he's um looking to see if his client uh potentially might relocate the actual building outside the riverfront area um so he's working with them to figure out if that's something they could do that doesn't you know fix the whole entire situation um with the elicit activity within Riverfront but for the the structure and the addition that they're looking to do um that potentially alleviates the concerns for them getting the the addition that they're looking for if it's outside our jurisdiction we don't have any um you know a wait with any sort of determination so they're looking at that and then they're going to come in with a kind of a um kind of a mitigation plan I was talking to Craig about it so they're going to be coming with a mitigation plan for um kind of rectifying the situation the best they can um I don't know what they plan on doing but it's going to be something that the commission will have to take under a lot of consideration [Music] so okay um last is it possible just to elaborate on the U on the actual violation itself so yeah sure Paxton I can outline it it's not really good uh because the amount of Riverfront area they have on the site is less uh percentage wise so let's say they had 990,000 Square ft of Riverfront area that means they're only permitted to alter 9,000 ft under the regulations 10% 5,000 or 10% whichever is greater unfortunately they've gone overboard of that um quite a bit so they need to come up with some mitigation and I was informed that BR homes who we just met may be the one that comes in front of us for some sort of idea or some sort of um potential proposal of what they plan on doing um I've never actually had some sort of mitigation plan that's gone over the 10% before so this will be an interesting pathway uh typically these sort of things are unique and they don't happen very often um but you know sometimes they do so we'll see how the uh discussions and the mitigation or proposed uh restoration uh pans up um the YMCA billboard notice uh that was a violation issued uh by me uh to the landowner which is the YMCA uh clear channel is the uh company that manages the billboard and they cut some vegetation without notifying us and I quickly uh let them know that they need to um they're required to notify us so we can go out and check the physical demarcated uh markers that are out there in the maintenance quarter that they had under a previous permit uh they have um acknowledged that they have exceeded their uh Perpetual conditions that were outlined in the order and they're willing to work with the Conservation Commission and the conservation department to rectify the situation so they are actually having a a survey KW go out there and find the physical markers map them out so that way they have a clear understanding of where the markers are in the future and if there's any sort of restoration or mitigation work that needs to happen they're going to follow up with us on that so I'll be heading out there once the markers are in and we can kind of look at it because I have all the plans from the past permits and we can have a discussion as to kind of what the commission thinks is necessary or whether there was minimal the disturbance but they did uh clearcut the uh the area if anybody's driven by the YMCA as of late so you can definitely take a look if you're driving by well this isn't the first violation they had a violation in the past um where because it was a paper Bill board they just took down the old billboard and and the paper just ended up in the drink and they cut cut vegetation so I think this is the second time so my question to I'm sure the wise just leases the space my question is it it's sound the communication breakdown amongst Clear Channel and their maintenance Crew so What I would like to see is not the why I would like to see well in addition to the why because the Y just sat there last time went oh yeah we we talked to Clare Channel I want CA Channel if they're going to lease I don't care if they're not the owner I think Clare channel should be in front of us I think the head of Maintenance should be in front of us for cl Channel okay to this I will make make that recommendation what I've told them so far is that before we even can have those kind of conversations with the Conservation Commission I need more information from them and I said that the the first steps for them is to identify where the where the markers are in the field so that way I can assess and evaluate it and be able to report back to the commission so they're aware of the situation they understand the circumstances and they're taking full accountability uh for all the work that they've done at least the person that was in charge that I was talking to um it was Clear Channel not the why right Clear Channel yes okay the why was just like a beer in the headlights like we just leas this we don't know so yeah anyway so so they'll be they'll be coming in front of us to rectify this violation and they are um Ely have informed me that they don't want to go the enforcement route so I told them that it's probably smart for them to try to resolve this within the next couple weeks if possible so they said they're goingon to have a survey crew out there this week and I actually went out there last week to take to actually talk to them and kind of go over it and I wasn't going to go brush brushing through all the the woods that to find some markers I said you know you can you can have your survey crew outline where they are so that way we can have a better understanding as to kind of what may have been done outside the realm of the permit so did the did the markers get would they they disintegrate were they just wooden Stakes because perhaps they need to put something else out well that's kind of the the suggestion that I'm going to put in is whether it be a metal post y or metal rod with survey caps on top of them um it's it's one or the other something that's going to you're going to be able to find it with a metal detector if you're going to go up there yeah okay all right all right is that all you have John that's all I have for right now Megan is coming back tomorrow so uh if you want uh to give her a bunch of work just let me know wouldn't do that to her um all right finishing record time that's because we had nothing new uh so we need a motion to adjourn 7:27 p.m. I will make that motion I guess I will second that motion all right all those in favor in classic style thumbs up all all right job Lisa good night good night everyone great great meeting Lisa thank you okay thank you bye bye have a good night everybody