e e e e e hi Mary hello I saw Robin today so I know she exists Scott's not coming tonight he's not no nope all right looks like a shorter agenda and yeah no I think it's going to be a short meeting so that's good yeah I hope so um the select board is gonna take up the Committee Member on the 23rd and I hope it works that it all goes fast because um Robin was telling me that she basically can't come to I both of the meeting and May and Scott can't come to I think the first one so um I mean oh to so I mean if we have two people maybe we ought to think about rescheduling the meeting well yeah we wouldn't have Quorum so we'll see but hopefully it um it all works out that they pick somebody and and that person can come to that surprised it wasn't on the agenda this time um but they had a pretty packed agenda so right hello sorry I got booted out for a second and I had to fix things but I'm back hope again oh and there's Robin too good right so you are you all set Carrie yes hopefully everything is good now I think my Wi-Fi just accidentally bumped out or something but I think we're all good now we're good okay I think you're muted oh that was why I had trouble signing in it was saying you know the host knows you're here and we're waiting so that's why yeah it in a while ago technical difficulties all right well there is three of us here we have quum and um I'll open the meeting at 7 pm on April 11th 2024 I'm calling this meeting of the shutesbury Conservation Commission to order this meeting is being recorded all right and first on our agenda is to look at the order of conditions for 74 Lake Drive um I can bring those up is there anybody here oh there's Jeff I see him all right let me share those we can go through them if I can find them let's see I hate how it covers up there we go all right so here's the special conditions for the order of conditions for 74 Lake Drive can you make it a little bigger I think so how's that it's better thanks good okay so so Jeff this these are the special conditions which will be part of the permit package that you get you'll also get a form that's sort of the permit form for the state and a permit form that goes under our bylaw and then you'll get these conditions with your permit all right so in the beginning finding a fact is just a description of really what's out there um we find that the project lies within the jurisdiction of the State under the wetlands protection act and under the local bylaw the resource areas that are present on the site are bank for Lake wyola Land underwater bodies which is Lake wola um boarding land subject to flooding and the 100 foot buffer zone um next to bank and then this is really a description of what's being proposed 900 square foot garage um and driveway renovating a home installing septic system at a well and then other General site improvements um and then the impacts to the resource areas are 192 square feet of temporary impact to land underwater from the two seasonal docks and then the impact to the buffer zone I.E the aura and then I just listed the actual work that's within the 100 foot so it's house renovation well installation um repair replace of stone walkways the stairwell and the boat house and tree removal and Grading um and then all of those things are not going to increase the impervious surface um storm water management that's being proposed is a 500 gallon um storage capacity dry well and a grass whale along the north side on approximately 10 mature trees will be removed within the 100 foot the project includes then replant planting of 17 trees Red Maple and white spruce and shrubs as restoration for those 10 trees being removed um and then here's the chapter 91 uh just it's not our jurisdiction but under our conditions you are required to be um being in full compliance with other state and local laws so that would include um chapter 91 um and then it says refers to condition number 11 below which basically says uh for this project to be permitted you need to be applying to chapter 91 and be sending us the permit once you get it send a copy to the Conservation Commission uh let's see and then there's natural heritage we did get a letter from them saying that the work um does not appear to adversely affect um listed species or their habitat um work must be in accordance with the noi that was submitted and the nii set of plans and then and this is just sort of standard stuff that we put in there and then the conditions start and most of these are all just standard conditions concom can come on the property to make sure that the permit is being followed um and all of these conditions there is just our boiler plate conditions that go with projects people performing work have to have read the order and understand the order that's important all right so then the highlighted ones are some of the can be more specific to a project or just important [Music] um you we need to receive a letter within 30 days stating that that the applicant has read the order conditions and understands them and also we need within 30 days proof that you've recorded it at the Franklin County registry of deeds um and then whoops here's chapter 91 [Music] again post should not be until the applicant has furnished the commission with proof of having recorded chapter 91 license at at the registry of deeds yep that's got everything it needs then we've got oh I see a problem this should be a five you have to put up a d sign at the site we have to do a pre-construction visit to inspect erosion controls before any work begins and then all erosion control needs to stay in place and be um kept in satisfactory condition so that it's working should be uh here replaced and repaired as necessary to ensure it's functioning yeah and then these again are all boiler plate post construction when construction's over contact the con conservation commissioner again to do another site visit and when you're done you want to be submitting a certificate of compliance along with asbill plan no pesticides herbicides or fungicides um within the 100 foot Ora unless uh unless there's an invasive species management plan it's not proposed with this project um slow release organic type fertilizers can be used with the approval of the commission and that's it rosion control remain in place functioning all right so do any of the Commissioners have anything they want to add or change that it looks like it includes everything yeah I agree okay um and Jeff do you have any questions or comments on anything um yeah so the only comment that I have is in the beginning here for the description with the work done um so in the notice of intent um one of the processes of doing the house renovation is um replacing the foundation and I just want to be clear that that's part of the work that is happening that was submitted with the notice of intent okay with that so it just says house renovation just um which we're renovating the house but we're also re renovating the foundation so just so that it's clear um so nobody's nobody questions are surprised um but by that um yeah we can add definitely add that I think I set it up here too no maybe not renovate a renovated an existing house I think down here is an enough house renovation including raising the house and constructing a foundation yeah okay yeah I didn't see that the first time there so no I just typed it in right now oh okay okay because you mentioned it yeah yeah no perfect I just um want to make sure and then um my other question I think when we had spoke before um that there was a um I believe a 10day period of waiting before we install the S fence is that correct yeah there's an appeal period of 10 days which means any you know neighbors or whatnot and that starts from the day of issuance so the day of issuance we're going to we're going to vote to issue or approve this tonight then the actual date of issuance is the day that it gets mailed to you so say that's tomorrow or say that's Monday so it would it would be would start that day the 10 days would start that day okay so I'm just gonna say 10 days from Monday then so be safe um okay sounds good and um then with that so then we would have the silt fence installed and then notify you um of that for site visit for inspection right yep and you want to U record the order of conditions at the Franklin County reg yep we'll do that and right away and then I think the easiest thing in terms of it and here it talks about just a statement or a letter that you've read the order and you understand it if you just write up something when we come to do um the site visit to for the erosion control you can get it to us then okay okay wonderful all right yeah I think that's it otherwise I think we're yeah just what we got to do yeah if you have any if you have any questions when you when you get this perit it may seem like a lot of information just Reach Out reach out all right all right we we'll do great um we need a motion to issue the order of conditions for 74 leak drive I'll make a motion that we uh approve the order of conditions for 74 leak Drive I second all right um David hi Harrington hi Wilson I all right we will get the permit together for you and and I and Monday is probably what we're looking at for getting mailed out that is Monday or Tes actually Tuesday because that's the day Carrie Works they'll probably get mailed mailed out to you on Tuesday I could probably mail it out tomorrow in the morning yeah I'm probably not gonna have the rest of it done by tomorrow oh that's right that's right okay yeah whatever so probably Tuesday okay that sounds good okay great all right great thank you you're welcome thanks we have such a nice small meeting it's great not a lot going on um so minutes Carrie we're we're not doing those tonight right no I I sent out an email earlier explaining that I unfortunately didn't get them finished like I had hoped so next meeting though I will definitely have those ready yeah no problem that's that's good um all right so the next on the agenda is 5759 Shore Drive um request for an amended order of conditions is that's me okay hi folks uh my name is Doug surl I work with birkshire Design Group and uh we're working with Gary and Donna West uh on their uh their parcel uh and so back in November uh no I think it was November 10th of last year uh uh your commission had uh approved the order of conditions and since that time uh the uh owners had made some slight architectural changes to their footprint um we find that these are very nominal like uh largely none of the landscape is uh changing in this uh uh um shift it's just a small shift in architectural uh uh from some of the Interiors of their house and they're removing the garage that they had as part of their previous uh plan they're still keeping an outline like where they could park cars but it would be outside um and the footprint got a little bit smaller um and so we're here tonight to see uh we wanted to Pres present this uh this change to you and see if uh you felt like this was you know small enough um to just be an administrative change uh that could be you know part of the the um meeting minutes that would be attached to the existing order of conditions or uh you know if you felt that you needed uh you know something larger and to actually have it be uh you know a full public hearing for uh an amended order of conditions so wanted to see if I could share my screen if that'd be all right great um oh not quite here all right great let me make that a little bit bigger see if I can um can everybody see this uh this image here yes okay great so this was the site plan that was approved uh back in November so this is um a long shore drive uh this is to the west side of of shore drive here uh with Lake wyola uh along the eastern boundary of the parcel uh and so uh wanted to just give you just a brief you know just show you this plan that was approved uh We've overlaid I'm going to move to the next image here we've overlaid the new footprint which is in this kind of rusty orange color uh and the existing the previous footprint uh is in this uh green color that you can see uh may maybe hopefully you can see it uh underneath this um and so the uh the the the now in Orange Is The New House footprint um so it's not encroaching uh any closer to the uh flood plane here than it was in the past it was encroaching uh it it came up to the flood plane is at is at 8357 uh and it uh came and was was touching that line and and we had proposed to uh to uh regrade right in this area and that compensatory storage for this uh adjustment right of that flood plane line was was shifted back here where there's this um uh the uh outlet for uh the drainage and then it runs through through this uh Swale across uh this is a cobble Swale uh that that ultimately exits through the lake but it goes through a series of of large Cobble and through in a vegetated space and then crosses through this larger vegetated space and and continues to level out this was slightly cut into the space as an exchange for this uh compensatory storage just as sort of a a what what had occurred in the past but essentially this is uh the new foot print so and this corner here that is close to uh the uh 100 foot 100-year flood plane is um uh it's a covered but it's a uh it's a porch and then this is a deck and so the uh the uh porch is on uh uh like piling footings and then the uh deck would be also on uh on like on posts uh in this area so as to have a minimal impact in that area it's just an open uh deck that's here and the driveway is in the exact same location um and uh then and they're still going to keep this space that was approved for where the garage would be but uh to give them you know the option that they could if they decide at some point to put in a new garage they they use that same footprint that was that was approved in November uh but but as it stands now it would just be an open area where they'd maybe be able to park cars here um uh and then use that the the house is a and location is a little bit challenged they've got a the tight tank uh for their septic is located right here and there's a minimum of a 10- foot setback so the challenge of moving um this footprint further back is is restricted by that location and of course it's restricted by the uh flood plane boundary here but essentially this is uh and the deck stairs are uh following the same outline or the same like up to the setback line which they were in in the previous plan on on the south side of the house uh and it's and it's reduced in size a little bit uh on on the east side here and and of course here and then it's reduced on the North side this was a this was a shed that was attached to the garage um like a storage room and previously there was a retaining wall I'm going to flip back to what was approved uh there was a retain caining wall uh put in this area and with the removal of this uh shed in the area we uh were able to remove that retaining wall to have kind of a a less of an imposition so now it's more gentle slope uh coming down through here from uh lawn up in this area uh up to the the erosion control barrier here and then down to to Meadow so all that is exactly the same as what was approved um so that's essentially the the the change that the owners are wanting to do and we wanted to see what your thoughts were if this was uh you if you had any questions and and what your thoughts were if if you'd be uh amenable to this being um an uh administrative change to the existing order of conditions um I I might have missed it but so where the garage was that's just that's going to be driveway then it'll be that will be paved that part there that would be paved I think they're not exactly certain what surface they would put down they they do want to retain that um that that space uh but yes yes so that right now that would not have a building they may never do a building there but they since they had a previous garage kind of approved they wanted to sort of keep that possibility there uh but yes it would be paved of some kind I'm assuming did would that change um any of the storm water thoughts about the property I guess no it's well it's the same the footprint overall is slightly smaller but we're not changing any adjustments to the storm water management plan that was designed for the previous footprint so it keep to the exact same space right now the driveway is a is a pstone driveway um so sort of decorative gravel and that would extend up through this area um but it wouldn't change the doesn't change the footprint or the amount of impervious it's it's actually a slight reduction in the impervious area um that's draining but we're not adjusting the storm water plan okay so the the shed that was on the other side of the garage is no longer going to be there that's correct and then on the on the Down Below on the house part the green line goes through the the part that's to the other side of the green line is that being taken away or still there this area here no no down on the house itself go up a little bit Yeah the green line is there so what's to the right of the green line is that stay so the previous footprint extended out all the way to here it's a little bit difficult to see I'll see if I zooming in might might assist in reading that a little bit better the previous uh shape of the house extended out here and was just touching this uh area of the flood plane and so that area is being uh that the foundation is is being moved back slightly and reduced um there is a deck that's here that would just be on like 4x4 posts is my understanding um that would be part of the second floor I think it's part of the second floor of the house um uh but that deck uh would yeah so that there is a a deck that's there but uh the foundation is is a a adjusted slightly so that area would be would not be there anymore that's correct and on the opposite side of the house from that the opposite side of the house had a porch following you can see a a green line here uh that was uh shaping around here there was a covered porch before and what is proposed is is still a covered porch for the first floor for the main entry here okay move back out make it a little bit easier to see the whole um the so the the new deck there um sort of encroaches in into the the flood zone a bit more but you're saying it's it's just on post so there's no um I guess compensatory storage needed or anything uh I I would argue due to the reduction of the uh footprint no I don't I don't think that there's compensatory storage needed for those 4x4 posts I don't know the total number of posts but it it may be uh let's say like four to six 4x4 posts so I'd say that's I guess I would make the case that that's a nominal uh change and the new approved uh uh uh flood uh you know the the uh flood plane boundary would be this uh line here which is the proposed grade to shift uh 135.7 uh just slightly um is what was part of the previously approved plan so we're still we're still keeping it to that boundary was the idea yeah okay I see all right um I don't I don't really have any big concerns I guess I would I would say you know new notice of intent is not needed but I think it's a it's a big enough change to require an amended order conditions which does require the public hearing and that partly because the public has been kind of interested in this project and now the whole sort of layout of the house is changing and um I just I think it's it would be important to have a public hearing okay how do how do you feel about that Mary and Robin um yeah there's a I mean there's a lot of changes that they're making but I don't mean I don't think they need a new order in I I think uh an amended order should do it I agree okay great um so let's vote on that and then we can talk about scheduling um we need a motion to uh I guess vote that a new notice of intent is not necessary but amended order of conditions is so I'll make a motion um that we don't need a new order order of intent but we do need an amended order on the project at 5759 sh I second all right David I Arrington I and Wilson I all right so um are we thinking our next meeting's in two weeks on um the 25th okay that sounds good okay yeah if it's possible to get on that agenda yes then we would uh uh uh distribute a um a notification to the public to the abutters and um and shoot for that agenda great yeah you can um work with Carrie our our land use clerk with the legal ad and and all that too um but yeah we have something at 7:15 so maybe we put this at 7:30 okay if that works for for you uh that should be fine um can you refresh my memory if the does the town submit the legal notice or we submit all of the above I know it varies town by town on uh Carrie what's the answer to that question so I'll draft up the legal ad I'll send it out to both you and Beth to look over just to make sure I okay did everything correctly and then once I hear the okays I will post it and forward the invoice to you and then I will do the same thing for the butter notice I will fill it out send it out and if both look if that looks okay well as well then um you can go ahead and send those out to the um a Butters in the 100 foot all right so I'll so you'll you'll draft up both and then you'll you'll you'll submit the legal notice but will submit the uh notification to abutters correct yes okay wonderful thank you for clarifying appreciate that yeah no problem all right great all right well thank you all y see you at our next meeting Perfect all right bye bye thanks all right all we have left is some site visit scheduling um a few of them I have I have I have three can we take down the hand out do we what we take down the handout the screen I don't see it I don't see it anymore oh it's still on mine you're Frozen too I hear it's funny I can hear you but your picture is frozen okay computers H all right that's fine go ahead there we go oh there we go yeah now I see you now I'm back you're moving um so the DPW one that's a good one to start with um they want to look at the Culvert down on minu road um the big the big one where the dam is where the town got money to or I guess the homeowner got money to take the dam down you know what I'm talking about right y down there monu road so that was yesterday and uh I was there at four o'clock and I waited till about 4:15 and it was raining and nobody showed up from DPW um so then I left and you know I live on monu road so right when I pulled into my house and I had reception I um I emailed Steve and then he didn't respond right away because he probably wasn't looking at his email and then when he did finally respond he said that he had been there and it was just confusion about um I mean I probably should have waited more than 15 minutes because I think he came after that he probably came like five or 10 minutes after I left so anyway then I've been um you know I just said we should reschedule for next week but he hasn't responded um but I have a kind of busy next week say he does respond and wants to do it I Thursday might be one of the only days that I could do a site visit day but we could I was thinking of combining that DPW one whenever Steve is available if he's available Thursday and the 678 cack Corner Road because that guy said we could come whenever he said he's he was fine with whatever so I don't know what are you what are your schedules looking like yeah I have a pretty busy schedule next week too I mean I might be able to do next week's school vacation right yeah so uh yeah I'm not sure I could do site visits next week Robin Thursday um yeah I thinking yeah Thursday I could do but only after like 11 or after oh yeah no for me it would be it would be quarter 4 would be the earliest after work so I could I could try to set one up for quarter 4 and one up for 4:15 or something okay all right well why don't I I I will try and get if I'm in town I'll come but I'm not sure I'll be in town so okay yeah I'll send emails I guess um it sounds like it'll just depend on Steve um and if he if he can't do it I still think maybe we do 678 at Corner Road that that day Thursday um and that would be at 3:45 but all right I'll send emails about that um and then we have a new noi that will be coming to our next meeting it's from um New England power company they're putting in a bunch of borings along one of the electrical transmission lines um so that would will be a site visit also and it just has to happen before our next meeting so it doesn't have to be next week it could be the beginning of the following week um and I need to I guess talk to that about their availability are you guys a little more available the beginning of the next week yeah I could do Tuesday Tuesday afternoon or Wednesday okay wait so what week are we talking about now the week of April 22nd I think is the Monday okay all right well I'll try and schedule up some some stuff and then the other one that's on our agenda is 244 Baker Road but that's being sort of put on hold because um of some things happening at that property um I know Robin happened to be over hear that conversation but Mary there just there's some issues going on and so uh it's just good to just put it on hold a little bit okay fine with me yeah I mean I I actually because I I recused myself haven't looked at that enforcement order in terms of like if there's uh deadlines for when we need to get out there but um but if we can hold off for uh couple weeks or that would probably be a good idea yeah I think I did look at the enforcement order I'm not sure there was deadlines I I think it just has to be a time when there's not snow on the ground so we can look to see has um it it receded you know is all the stuff is all the things they put in place working right you just wait until July nice try um yeah it it's fine to put it on order it's fine to put it on B until all this rain goes away you know and go back out you know good plan I know it's supposed to rain and rain I know I was just looking it's like oh my gosh yeah into next week yuck okay all right then the only other um Mary you could uh just tell us what happened with the select board meeting on uh so the select board um did meet um to to um approve our our fee schedule um which they approved there were a few questions from a u resident regarding whether they they had the right to be whether it had to go to them to approve or was it a conservation committee approval but basically what we sent for them we had already voted to approve they make any changes so they explain that it is their responsibility to approve that and they did approve it so that's all said great great and I and I know they are um taking up the new commissioner on the 23rd okay which um I check with Becky like we don't have to none of us have to go to that meeting and I I'm not sure about my calendar so I'm not sure if I will make it to that meeting but if anybody's interested you can go to the select board meeting on the 23rd and so they're going to select from our original the three original applicants yep there's there's three applicants and and we made our recommendation to them who we would like so they should be vo recommendation right they should yeah I mean at the least they take our recommendation into consideration but at the most would be that they just took it and went with that we know voted strictly based on it um so we'll just we'll see what happens I I will try to check in on that meeting I I just I know I have something on the 24th another meeting a night meeting so I don't know but we'll see anyway does uh anybody uh want to make a motion to adjourn I don't think we have anything else motion to adjourn I second all right nice short meeting I love it I'm sure more work's gonna come everybody's starting to wake up over here oh yeah well we I saw I saw boats out on the boats out on the lake this last couple days so okay things will be coming yeah well our next meeting we'll have we'll have that 5759 Shore Drive stuff and we'll have this new notice of intent there does always seem to be something kind of in the pipeline so that's good but all right well have a good night all right did we did we vote oh we didn't we didn't vote right David oh I Harrington I and Wilson I and before we sign off I just want to say to you Beth that I looked at my calendar I can make both meetings in June so when my term ends at the end of June I'm not going to renew because I'm moving away but I will stay on through the end of June oh that's great that's good that'll that we'll definitely have forum and that'll be good that sounds good and then we'll have a party you know that last meeting we'll like we'll have a toast here's s Robin bring a bottle of wine to the town hall yes we can all go to town hall and celebrate all right thanks all right have a good night okay bye you too good night