##VIDEO ID:Q4_n4naUaf4## come to order welcome everyone it's Monday October 7th 7 o'clock we are in hybrid at the South Town Hall we are in meeting room three at 454 College Highway uh we'll introduce ourselves to go around the table from this side M Chris Pratt nor Sher Kevin Sol Dennis Clark Jerry patri all right and welcome every online as well so we will start off tonight we will do some public comment does anybody have public comment nobody here anyone online okay we will move on we can go right to our first hearing uh we have an noi South Conservation Commission will hold a public hearing under the Massachusetts Wetland protection act General La c131 section4 sou Conservation Commission regulations of by law chapter 182 and chapter 450 for a notice for intent via hybrid meeting zoom and in person the uh project location is 306 Feeding Hills Road South Lake Mass map 71 parcel 001 D 0000 the applicant proposes the construction of a two family dwelling with the associated site improvements portions of work are within the buff Zone and welcome everyone for the record R from AR Associates um as mentioned 306 Feeding Hills Road this is next to the uh I think the agam pver love property on that stretcher Road here's the property there is a stream off to the Eastern side some segments of BBW alongside of it this project was submitted something similar back in 2012 and as part that submitt the stream was petitioned to be intermittent from The Perennial map based presumption the uh stream photos and videos were submitted at the time um and so that eliminated the 200 foot Riverfront and we only had 100 foot buffer zone projecting onto the site um however since the time we've submitted it um in addition to mass DP comments we can't find a good record of the previous determination and the language that stated it was intermittent I'm not sure what happened there um regardless also another point that was picked up by D um that wasn't shown on the original 2012 filing was the point at which the stream you know you can't provide evidence it's intermittent it's perennial beyond that point you can't assume beyond that so if you were to draw a 200 foot Riverfront Arc from the limits of that delineation some Riverfront still does c F the property um so rather than reworking the site around that um I stopped at the site today stream is dry so ultimately I think our plan is to continue tonight get four fresh new days of stream documentation at a greater extent than what we previously did so that there's no Riverfront at all and it just simplifies things okay that's where we stand all right well I'll make a motion for continuance second all in favor say am I Chris PR I I Patria I that be four weeks you asked for days so next meeting will be fine next meeting's fine okay you don't want four weeks no not four week two weeks to this sure yeah all right the 21st okay well the next four weeks I doubt rain anyway not supposed to rain this week so should be good yeah and we're not technically in a drought so not yet we lock out okay thank you so much okay it is after 705 we'll move on to our next noi we have 55 faster rows continued um propose construction of a single family home within the riverfront in buer zone of bordering vegetated Wetlands oh good evening everybody I'm Steve Ribery a principal ecologist over at bachand eological working with the anatolio videk um he's online as well I believe um so I don't know I don't know Sabrina if you want to start it off I know last we left it it was going to go out to peer review we got um peer review comments back I just read those the other day um it seems like there was they pretty much agreed with um our filing that everything was permittable I believe there was some reach out in the interum to to Mark stensson at Mass DP based on the last hearing to see have if he had any additional comments on any of the revisions that had happened and again I wasn't I wasn't overly involved in the back and forth but it seemed like from what I had seen that he didn't really have any comments and was leaving it to the commission to make a decision um with I think it was um the peer review comments there wasn't anything substitutive they had a comment on why I use the they called it the Army Corp form but I really use the new state forms that came out last year um those are technically the requirement but a lot of people still use the older Mass forms that everybody's familiar with and then he had a comment about you know why can't the why can't the house be located closer to the street like the other houses on on boster road and I think we already went over that you know when toally was trying to get the um planning board or zoning um variants to have the house situated closer up and it was denied so it's kind of where it is now because he tried to get it um you know a variance to get it closer to the road um so that's kind of where the Project's at you know it's based on the peer review and the comments Mark and you know from my assessment of everything I think it meets all the riverfront regulations um where it's where it's situated it's a small house pretty much as small as it's going to get is located as close to the road that he's allowed to do it you know very minimal yard around the edges um you know it's I think at this point we're looking to see if the commission can approve it tonight based on all the feedback we've had over the last last several hearings I know it's been kind of torturous getting to this point with all the back and forth and some miscommunications with between you guys and the applicant and everything but hopefully it's in I think a good spot now so I'll turn it back over to you guys for for any comments or you know what your your assessment of where things are at okay well we did get some information back um from salvini Associates um you guys have a copy of that in basically it's all this you know things that we already understood I believe um a copy that all right and this isn't the same it's just on the other side so I'll read it out loud it's fairly short on behalf of C conservation salven Associates LLC is submitting in this peerreview resource area delineation site design and submitt for the proposed construction of a single family home located at 55 wat Foster Road um the subject property is wooded property located along the westle side of Foster Road there's a perennial stream running along the west end of the property with a small bordering vro Wetland along the easterly bank of the stream the stream is flagged along the mean annual high water line along the Eastern Bank the flag flagging follows change in slope along the bank as well as a change in vegetation and is accurate the banks are abrupt and Steep and described and extrem bank with very from 8 to 12 ft across and there was flow at the time of the review the bvw is located on the northwest corner of the property and a Shallow Terrace between the stream bank and the toe of the slope and Upland Forest the slope is moderately Steep and limits the Western boundaries of the Terrace along the stream there may be a small isolated Upland Island within the Wetland with a couple of large Eastern Hemlock however it's of no consequence to the overall project the vegetation described in the report field data forms are is accurate I did not do any soil Bo since hydrology and vegetation were obvious soil descriptions look accurate in the site to the site and conditions I was curious as why Army Corps Wetlands forms were used instead of the Massachusetts BB BBW field data forms okay there's an additional BBW located in the adjacent property the North and North at the bend of the stream the buffer zone for this would mostly overlap the described BBW buffer zone except at the northeast corner of the property the River Front would be adjusted to the east however this Ora is already within the riverfront so would be of no Consequence the site layout and the remainder of the property is pretty much Upland so that's we've already went out to see so basic Al where the the uh proposed structure is located is the best location or the um Ro at the top of the hill is the best location to access the property between the two slopes the Triangular Plateau is level and dominated by Upland vegetation the entire property is forested except for the road front that is cleared along the utility lines okay so the top Topography of the property does limit the options for placing a structure to the area that is shown in the plan the proposed location is the best location on the property the gradual slope behind the proposed house should work well for a buffer between the house and the resource areas so basically s are saying that's uh not a bad spot for where the house is proposed as far as our peer review goes was there any comment from Mark Stenson I didn't he said it was fine yeah it's up to you guys that's all I saw okay well the only thing I think that we noticed there's a little bit of discrepancy between the noi and the drawn plan in the noi I think it states that there are going to be some drywalls but there's none depicted on the plan you explain is this it that I put that in the narrative um this just is something that they could do to kind of infiltrate water to kind of alleviate some runoff I think that could be something you guys can just condition that they're installed um it's just basically putting the gutter pipes into a stone hole in the ground just for gutter infiltration or is the stor just it's just for roof infiltration okay so it be basically be around the house itself yeah right next to the foundation yeah a little couple feet away not you know right next right yeah you want to the Bas but the area is pretty Sandy upper slope where the house is there minimal infiltration there should be pretty good okay anybody else have any questions or comment so BR you have any thoughts what you think about this I think I guess my only concern would be down the road um trimming or cutting of trees you put that in the ongoing conditions what conditions yeah and although you know we talked about monumen the that's that's on the plans yeah we might do a little bit more more heavy and more I'd like to see if strongs on this before we actually on it okay so I think in the past there's been a continued condition saying that no further alteration within the riv of front I guess I putu you got you've in the past been done in the past do that um I guess my concern with the trees is not necessarily alteration but the ability for the homeowner to ensure their home as I've been seeing um insurance companies telling people that they need to cut trees down that are kind of overhanging um too close to the house too close to the house but I mean that's I that's my only concern with this project and I don't know how you solve that because person needs to be able to ensure their home I I think if something like that were to happen they'd have to come into you with the letter from the insurance company and then ask for permission to do whatever that is and the uh the other thing that's a little concerning is you have a Riverfront enhancement area past the limit of work so what what's the oh it's in yeah it's it's just I think it's laid out on the plan we're just going to be planting some extra shrubs in there to kind of increase the buffer density so it's more of a visual barrier and and produces some wildlife habitat so you're not you're not going to be cutting anything in there first no no no that's just a strictly dis planting okay I have a comment too concerned that there's a 10 foot uh buffer zone between the property line on the southern side on the first design it was a slab was less concerned then but now it's a full basement put a foundation in with only 10 feet on the outside I don't know how they can do that without damaging the neighbor's property oh the 10 foot setback yeah set back that's a that's a plan that's a planning board or a few constraints on this project as it is that's why I'm saying yeah a strict order of conditions would out of our but I can't I don't see reasons to deny it the only thing that potentially because it says you may allow within the 200 fet doesn't say we have to allow it but I don't see any specific reasons to deny it so may allow 5,000 squ fet alteration within the river front it says may may yeah it's your choice you can say you want smaller amount of alteration if any um it is your choice I think the the best thing would be to have a like we did on the last project did put her conditions that were very specific and bond monies and everything like that okay Sor any more discussion can I see the map again I'll see the decide on the conditions later yeah um but you guys need to let me know what conditions you want me to put on I think some of the conditions would be with the planting the enhanced buffer area what we want to see down there right what they proposed with the mountain mural and the stri Ono conditions to ensure that nothing happens on the rest of the unlimited work monumentation we hadn't put a conservation restriction on the rest of the property on the S of mountain property it would ensure that nothing else would happen in that area and that was filed in the register of deeds I think I read that want to think about that who wrote that up is that we could have make sure the monumentation is in place before work begins um are you sure you want monumentation before the work the workers are usually the ones that go past limit work Fen would act as a limit of War but we probably want to have Sil fences and more than Sil fences you know hay B do construction fencing or something during during construction so it's more of a visual barrier too to so it's like that orange fencing you see on construction sites he's familiar I am the orange orange fence yeah yeah construction that would work fence no bond they oh yeah usual or Mor the usual or well you think Den side I like denci can we at the next meeting have the order conditions ready to go so vote on it then you have to so we can vote to close the hearing now so um in then we'll do our order conditions we'll vot on those can do that the next to close hearing y looking for a motion close hearing Ty who who who said it they both did give it to generous year okay we need Pho finish all in favor we go around the table I I nor i i denn i Jerry I okay this hearing is closed special Careo right up yourorder conditions everybody get a chance to look at it and if they think there's something missing so to continue it again or we're gonna so how was that can we can we um days to vote on the order of conditions and that we can vote on the project tonight as well and just closed it so so okay so we would approve it and then approve the conditions F do that yeah that can oh okay and say with conditions that we will vote on at a later date pending condition pending conditions so I'll make a motion to approve the project um pending the order the conditions that we are going to set at a later date okay including the amount that a bond yeah that'll be on my I'll second okay all in favor I I more iide j i and unanimous all right so we are good for now and conditions as quickly as we can hopefully the next meeting we'll have them approved excellent thank you guys have a good night y right that's not a problem people online could hear okay we do have an RDA 100 Bricker Road South the Conservation Commission will hold a public hearing under the massachusett Wetland protection act General La 131 section 40 and South the conservation commission's regulation and byot chapter 182 and chapter 450 for request for determination the proposed location is 100 Berkshire Avenue the proposed project is a removal at four trees all work is one the 100 foot buffer zone Lake congamond all right the pi you just sent me earlier I have that but uh Mr chairman since I am the petitioner I'll be refusing myself from discussion and debate on this thank you sir we have my property we have over 80 trees but inside the 100 foot buffer zone to the lake we have 25 trees I had an arborous come out after a large limb came off of one of my large oak trees in the 20 in the 100 foot buffer zone and I wanted him to give me an idea of other possible trees that were in trouble and previously I lost three trees and due to wind damage so he's recommending I remove six trees four of them are in the buffer zone 100 foot buffer zone and I do have pictures but I have to take a minute to find them take your time thought Kina was going to hand them but she doesn't so I have I have all the pictures except for that one that you sent me today like 4 okay you should be able to share first one okay this is the large Oak that's right on the waterfront at the base of it the arbor report is in your package uh this is white rck and C Durant damage at the base of the tree on the other side we have significant separation between the not coming up did you open them up or is that just thumbnails he he sees his picture right there so he sh I think just go on to um the Shar portion um go to zoom yeah and make that or stop share stop share and then go back to share and then this so you want to share your screen go ahead and hit share and now whatever's on your screen we're going to see up there hopefully there you okay thank you for your help this is the other side of that tree that had the white Rod at the base um as the AR said there's significant separation between the xylm cambian and the Heartwood of the tree they all work together to support the weight of the tree this is the biggest tree I have okay and the concern of this one and the next one is that if they fell over they could cause over $100,000 worth of damage on two docks three boats two lifts and a pwb you see excuse me okay and this happens to be the base of the tree you can see all the roots are exposed here close to the water right on the water yep okay a second tree is a is a black Birch and you can see it's dying at the top of the tree and start to lose its leaves on the bottom part of the trees this is what a 10 10 tree is I didn't even notice it was dying but the AR picked it out really fast this is about uh 253 ft from the water this is a go back okay this is the other Oak that's about 10 ft from the water and I lost a major limb here before you can see right here there's a significant hole in the center of this tree and it's also a lopsided tree it's all here's the hole a little more closer on the hole okay and he said that his recommendation on this one is could come down it's topheavy to the to the lake side there's no branches on the on the opposite with the lake so called the round ratio of the tree is because it's unbalanced is a higher risk because it's 30% Crown ratio and it should be a 80% Crown ratio that's top heaviness could cost some damage if it came down same same damage as the other one because they're both could cross two docks it's fine this is uh probably 80 ft from the from the shoreline and it's it's got uh significant pine needle damage or pine beetle damage excuse me and it's been it looks like it's possibly been struck by lightning and God I had okay yeah you can see these hole here these are the beetle holes believe it or not this is a a this is just for reference this is a sap sack no way yeah looks like a mudw yeah now and then they grow and then and all of a sudden you'll find the Pitch Pine trees covered with sap these these break after a while he said it's the largest one he's ever seen can I have it picture burn it for INS oh okay so that's that's my my pitch uh none of the n of the St will be removed too valuable to the to the hill uh what are you GNA do with the stumes they they're GNA stay right there staying right there staying right there if you want I can plant more trees I'll be glad to do that quite a few trees I was to say seem like you have a lot of trees yeah you know it's probably a lot yeah maybe some shy Button Bush I could do something like that I also have an erosion problem because of the wave action oh then you definitely want yeah you def want something there so I have to do something corosion okay well I think it looks pretty good make a motion are you looking for motion no I'm I'm looking for motion yes find a negative second in favor Chris eyer [Music] okay so that will be for next next time all righty next up we have an RDA for 15 Depot Street there it is the sou count Conservation Commission will hold a public hearing under the massachusett weather protection act General law C 131 section 40 the south of Conservation Commission regulations and bylaw chapter 182 and chapter 450 for request for determination the project location is 15 Depot s The Proposal the propos is for the demolition of a building within the riverfront zone of 100 foot buff Zone good afternoon welcome so um I first want to thank Sabrina and John CER for helping me through this process yes say your name for the rec this for the record oh Russ Anderson uh 28 Davis Road representing the town for the town building thank you Russ um so I do want to thank Sabrina and John for helping me through this process this was something that Carl had Champion when I took took on the uh facilities management for the temporarily so we we did do diligence on the building this is what if you might remember is the old fire Association building um to try to put a new roof on try to give some life into it and it just it got cost prohibitive um so what're our goal is to raise it to a slab right now built on an existing slab okay so we want to raise it down to the slab and then in the future uh plan someday coming back to put some sort of a prefab garage or building of some kind for storage dry storage on okay really appreciate you coming in I learned a lot do the process right but I don't you have questions or you know what the process is or how we I mean it's to me it seems pretty simplistic and you're yeah you know just maybe explain how you're going to demolish it what are you going to use for so um right now PR view is the one that got the bid um their goal was to pull everything towards the pavement okay um we would secure the I think there's one drainage ditch one catch Basin cover there we'll secure that cover that right here um be bringing in a couple dumpsters and pull everything fill the dumpsters on the pavement and clean up and off of the pavement yep try not to disturb anything of that fence there's a fence there that's I don't know boy five maybe 10 ft right where is the property line that went behind it okay so we're trying to do everything this side of that fence obviously that would be excellent any silk fences or anything on that same line right now proposed um yes there we proposed forgive me what a silt fence and then the other thing was the the tube like the sock right wad it says approximate location of silt V to be installed and it's this blue do line right here follow along yeah I mean it shouldn't take longer than a day it wouldn't matter yeah long as it good everything coordinated I didn't even see that blue thing are you are you color BL just is there a matter between what you use the WD or the silk Pence or the contractors well it's going to be probably hard to install silk Pence conc so the water would probably be easier just to keep demo to the laid down keep the debris out yeah okay whatever you you need right this silk sack and catch facing I have a question and so it you're taking you're getting rid of the utilities above ground and below ground So currently there's um LG gas that comes down that road however I we do have to double check there's a meter there but I believe we was shut off years ago out at the street um and I need to confirm the power because they don't not believe power is overhead anymore we we didn't there will be eliminated as you said s surgically done and your narrative or's narrative my narrative yeah go ahead speci but I'm just wondering what you guys mean by surgically um we don't necessarily know what's there okay so you know because there could be water coming down that as well uh we just want to make sure that we're taking care of the situ situation not leaving meters up and things like that so but down the road maybe maybe it's cut off 20 ft back 50 ft back you know we Capp so someday something else had to be used at least the runs are there's uh black cille cille okay yeah it was all a best is debited probably three years ago now and U not raccoon ofed yet oh so you're ruining habitat they moved out for the winner okay all right anybody have any other questions or concerns or good take a motion anybody's ready I'll move to accept the project second it negative find it negative exuse me yeah right no I know so we're going to vote now oh yes Chris brat Norm Denis Sherry I okay is there any timeline that can start is so I need to I need to write it up and they need to sign it and then they'll give you theual the contractor needs that to do their thing okay great thank you all thank you thank you sir pce your under Myer now all right we're going to move on to some new business we have a request for an order extension side of Mountain Road um we did hear a little bit about this last time last meeting um it is up to us to Grant uh Mark Stinson said that we could do this even though the original per years is up and it's been out now outdated yeah so we can go and extend the original order of conditions um which I don't see a reason not to I mean the project is we as we heard last meeting pretty much done some things need to be buttoned up we good to get it done quickly as possible I think before the ground freezes or winter comes how long would we extend it for we can extend it for three more years you know it's and I mean well you can it doesn't mean you have to take three years just in case just in case had a question I mean why you come on up and just give us your name again and we can have a discussion just sure my name is and and the owner of the property okay so I mean would you like just a year fine just a year is fine okay extension so that's your recommendation would be extending a year a year from um august 19 we could do it from today I believe give him a full year till today that would be good okay um I'll make the motion extend is order conditions for another year so second October 7th 2025 okay thank you okay I Chris I nor I I Jerry I all right you're good great thank you appreciate it no problem this will be ready for you like in a day or so okay you guys see there's an item on under old business for discussion of amendments probably more appropriate to wait till the next meeting could out okay that's okay okay still work I'll cross it off I hav okay make your meeting appreciate that sure okay see you have a good night a couple weeks thank you [Music] okay we have a request for a certificate of compliance for 115 Fred Jackson Road we're gonna have to table that next not s at tables all right request for your certificate of compliance 38 Beach Road give us your name and address I'm assuming is 38 but well it it was and Deborah toson all right 38 Beach Road is what I'm rep okay all right so everything is finished anybody go out to check yeah I went out to Jack I was actually out there with Brian um BR and he said the house is built to plan and so I just the photos right now are just the the inspection so I'm basically at the road facing the house and Beyond the house is the the lake the other side again beyond the house is the lake and here is the stairway going down to the lake everything looks stable there some prvious cers right there the vegetation on Long Shoreline up here looks good that was all them putting through an architect's blueprints that we got a permit for I think it was David pool or something like that I don't know you should have it at but it was all done through that nice to me um and we don't like that but he said it had to be drainage had to go and we could put plant grass because you can't have fertilizer blah right so that's what we do I'd rather have that GE don't like it as much either so you can't walk on it certain shoes and then if you put a table there it has legs it's but it was what they said we had to do so we did it okay gooseb so I have gooseb at my house that's all we but all right so I will make a motion to have a certificate of compliance for 38 oh 32 be 3 38 okay 38 32 is next all right I'll second that all right all in favor I Chris I nor I Kevin I Jerry I thank you good so this will be ready do you want to pick it up want pick it up and you have our numbers yeah and then whenever you're done okay type or whatever it is yeah and we'll come pick it up awesome is that okay yes it is thank you all right one last thing to sweat about we didn't know we had to do this and we should have already done it long ago right after you're done with we thought the when we the building uh inspector came out and said you have your you know occupancy for we just assume it's different I know now but I did not know that I know all right thank you for coming in thank you there we go all right it's not the first time or the last time that'll happen it's true unfortunately okay the next one is for 32 Beach Road we have a certificate certificate of compliance uh request for 32 Beach Road sharing I don't know if any body's on no no one's on for this anyone in the room anybody want I'm shy okay you can you can stay there if you want you don't have to come all the way up okay anything to add okay yeah they're they're the neighbors I know who they are okay I know if they have anything to say so I just can say it if you want when you want what the the decision will be regarding that if it's going to table if you've heard anything regarding that no I haven't so um we got a request for to pick up compliance few weeks back um for this and it's um it's basically a retaining wall that they got um certif order of conditions for and um they submitted their um WPA 8A form but they didn't submit this statement saying you know the project was done according to the plan or whatnot so I had for that it turns out that the Builder who who built the wall had passed away and even Kyle and buildings didn't get a sign off on it so I I contacted their attorney earlier last week asking what um if there are any updates on what was going on and she said she would get back to me she I haven't gotten any updates from them so I guess we we could table this um did they have a somebody apply the the notice vent apply for it is that done by themselves or was that done through well their project they're you're looking to buy the property correct we're under contract to purchase we had to extend the closing date it was supposed to be sep for I don't know Gino did the work you remember the big the big walls um canons everybody knows the Cannons oh yeah by the way very nice walls large very large W yeah remember that your next so I fig we should get that statement um as they are large walls but so that was in the order conditions we need to have a sign off from it's in the request so you have the request for um a certificate of compliance and if your if your plan has been signed off by an engineer you technically need that statement with your request that's why told Kevin hold up I need that statement I thought that just be from whoever filed the you know the consultant it could be from the consultant if if there you know it gives a list think there was a consultant for that one was there no there wasn't no I know is Sage um out Westfield was the engineering they or they wrote up the plan so maybe Sage could get you yeah and that's what I asked the I asked the attorney I'm like could you contact them um and I think Kyle also is asking them as well to get to get something could we say tonight that we could Grant the certificate pending the engineers paper that way at it it looks fine I have not been out there I heard it doesn't look fine put all theage pictures of it no I haven't been out there um and I've been waiting for that statement to to was this holding up the closing is that what the we would rather not move forward with the purchase if there's major issues with the wall and P okay have we're concerned in your best interest okay yeah I mean that's I think that's one of the reasons why I kind of put the breakes on this just because it seems we could look at it look fine it could be something that we're not seeing exactly I don't know I don't know what I don't know else with a lot of drainage and stuff behind well there should have been a lot of drainage behind us it's such a tall wall just like the one we saw previously at 38 they had all of that inferious area that's right that's I wanted the so we will best interest to have something from the engineer we'll wait and get something from the engineer and see that is a done correctly buil the plan how long will I take she's asked for it I asked for it letter so we'll have to wait and find out okay we shall move on well we can make a motion to not accept or Grant one at this time but either way we're not granting this time to get on that too or if they want to sell it we've been waiting for them to do what they need to do to get it they get the title corrected make sure there's no marked on the title have clear title and in functioning walls not functioning but walls and Patio that are gonna last us a few years right I think that' be expensive to redo those yeah want to redo yeah I'm sorry just for the record um could you just say your name and address San gravel oh4 okay great thank you all right okay I'll take a motion to not accept table it we can table it yeah second second all in favor Chris ey Den I Jerry I okay okay so we have another issue here on outfall at Baker Shore in South Pond Griffin Road the town of subfield installed outfall on private property in Southwick with concom within concom jur jurisdiction legal ownership and maintenance plan is to be investigated yeah um I think a lot of us went out yeah you're familiar this is the outfall right here we at um was Nancy jury's uh residence over to right um and right this is that rock pile where the the water eventually flows from right here down into the water um so we went on a site visit and I was told by the selectman of safield that he was sure that was in Southfield they did a survey he made sure that it was not in South but from the last um survey that we saw this marker right here is the state marker so it's in South um it's not on Town property it's on private property and so Randy is now working with um I think legal to identify who's going to own it and maintain it and then once we get that story of the maintenance he want I want to know if it's legal or not I I don't think got to be notified for sure thing is that like how long ago has has done this this is in meeting probably like the new storm water standards and just dumping like you know is there any type of uh water quality unit or something that that's that's make ensuring that the water it's roog run off that is clean right exactly into the lake like if they have to they can put infiltrators or do something else with the water too like who installed that do we know do you have a catch Bas like there a catch basing but I don't know what it has trap if it has a sum it still doesn't a sump collect like sand andent right into the lake run off we were there yeah yep yeah there were some other topic but it was raining pretty good there was question about blowing the location of the monument too that's all set now I believe that's so that mon is the state line officially okay yeah officially so the official spot for okay well that was according to their survey ry's going to investigate it more right because I've seen survey okay I thought it was determined and signed off on already we go back to the jog again right here we go no no that only went back to the 1700s pleas tell no K we's ready to jump in historians okay all right so good points I didn't even think of contacting Marson so I'll let him know that this is happening and he wants to invest we want to know who owns it and who maintains it they're gonna figure that out is trying to figure it out because well it's it's not on Town owned land it's on private land and zeld did it so um he's trying to figure that out and when he gets like a clear answer and a maintenance plan um he wanted you guys to review it see what you had to say about it what happens if you just block it off I mean stuff's gonna end up there you would get erosion on the on the shoreline like we have in ours all that sand it was probably done to prevent that yeah right that's that's a little Association Beach isn't it yeah so catch does it collect any water up H is there multiple pipes or is it just that one catch facing with one pipe kind of a steep hill it's a very Steep Hill down the bottom of it it's a good question though they more just only one I remember seeing up there we don't have but you could look in there and see if there's any other pipes coming up the hill that's what I'm saying that comes down to thisat area and then I would think if there were any it would overflow that Bas and if there were any upgrade from there would they have to have an EAS for the property owner to be able to do that don't know whether they got that or not but the property owner didn't own it at the time that's true I think we get um information from Mark ask Mark about is it legal I don't think it is i' be good spent a lot of money of you know keeping storm water out of the lake right so how Longo you think that was installed it looks pretty new yeah looks like maybe a year or two yeah the rip wrap looked pretty new yeah so nice the pipe and everything so it was there when we were there yeah that was where they were going to put the delimination there wasue with the dock and the place they were going to use that as a that's why we were there this was there when we were there correct yeah it was it didn't happen after right but when I saw it I'm like this but it was still like a questionable area because of the monument the day yeah there was still questionable really couldn't say anything about it because we didn't know we under the assumption that Connecticut wouldn't put drainage in Massachusetts so and they assured me that they assured me it wasn't in Massachusetts they didn't want to deal with us so I don't know so they have their surveyors do it but Randy wants to check to make sure is that so we're I think Randy is basically going off the last survey that we had gotten um from was the state of Connecticut state of Mass one one of that state of Connecticut state of Connecticut did surve they they went they surveyed it and they said indeed this 1906 is the state line marker okay um is that not enough or are we questioning I was told the Massachusetts was guy was going to come and do the same survey yeah I don't think that's happening now that are we worried that it might be different boundary Atlas showing all the the 1906 markers oh that's 1906 so yeah well definitely is 1906 at least it's the 20th century all right just a point of sad information on this related subject because of all of the conflict between the neighbors and other things that are going on in the J family Soldier house W living on the lake I know okay we'll move on we had request from LMC to resolve doc situation at 12 129 North Lake a three docs exceed over the 600 square foot maximum surface area three docks here uh total 1,800 Square feets I'll be speaking for LMC on this one okay we have 129 North Avenue Lake it's on North Pond the gray area here is North Pond this house here on Lot number 21 is 129 owned by despart they also own lot 22 next door and then the third houseold is the Harris family lot lot 23.1 lot 47 which is down below those two Parcels also belongs to the Harris family on our system GIS system says there's no Declaration of who owns it but I went to the assessor's office and they assured me that this block 47 is owned by the Harris family the three docks in concern here are circled okay the first one to the right is over 700 square feet that's okay and it starts on the desarts property but actually finishes on the Harris property is that LLY way is that Wily Drive is that haris property or is that unknown property Li l Drive is ignored as far as the best I know of ownership it's it's effectively they don't own it but nobody ever complains about it it's very narrow the assessor says that it's just a just a Sandy Shoreline okay the middle one is 300 square foot and it is beli to be owned by the Des BS so cut off a little bit maybe scroll down so we can see the there you go thank okay then the third dock is another 700 square foot Dock and it's on the Harris property but it's believed to be owned by desx okay now the limit for any dock on any property is 600 square ft so they violate the 600 square foot they have 1800t in total okay here's an aerial view of it can see that here's you can see the house and justifi house and you got the most souly dock almost most Northerly dock middle Dock and the South Dock and then below that there's another dock which I believe is on property but I cannot tell you for sure all right so this is from August of 22 when I was taking pictures to verify U do docks and boats okay and it doesn't Encompass the whole property but the big house here is desart and the dock that was to the far right is not on the screen okay but you got the you got the middle dock Dock and the left hand docks on the left all of this all this development off the Shor line including the the the wall is owned by Harris but developed by desar how that happened I do not know this is the lpp form submitted for this year by the dust bite family they submitted for two docks and three boats but they did not put a layout sheet because the docks are greater than 600 square feet because there's no layout sheet no stickers should have been submitted been been issued but they were okay here is the lpp sheet for the Harris family one dock no layup sheet again should not have been uh sticker should not have been submitted or given to them now this is an old old problem okay it goes back at least a decade the despot family applied for a chapter 91 license in 2016 this A letter State sent back to despart based saying and I'll read this because I you can't see it we understand you have installed and and presently maintain three separate docks with a combined footprint of roughly 1,800 Square fet significantly more than the 600 square ft Allowed by the simplified license requirements moreover the property lines drawn on your license plan application do not appear to comport sure if that's correct actually that's what it says with the boundaries depicted on publicly available tax assessors maps for the town of cellor in short the department is unclear whether you own the subject property and on the second page it's saying that if they want to reduce the 600 to 600 square feet maximum they'll basically allow them to have one dock okay and then it says further down it says if you you have 60 days to submit the additional information we have requested and it says uh if if you fail to submit the additional information within the time frame above your application will be denied and characterized as withdrawn so when I did the chapter 91 licensing issue uh earlier this year I asked the state to give me the chapter 91 licenses we ended up sending me everyone in the state that they had ever W the last one on this page happens to be the dust Spire one from 2016 and you can see it's over in the far right the right hand column is the status column and it that's the identification withdrawn so they do not have a chapter 91 license they would not qualify for a chapter 91 license these are permanent dos they do not come out that's right okay uh so LMC has asked Conservation Commission as the enforcement agent of the lpp program or one of the enforcement agencies to please please take care of this my opinion we have issues with both families uh and any action we take has to has to be to both families because the Parts don't own the property and the um the docks that are on Aris property exceed 600 SED so I said we've been carrying this on l LMC for years and we fight about it every at least once a year we fight about [Music] it well we were never sure who owned the property because people were just putting docks down there yeah yeah it's like no man's land yeah well according to suor and the assessor's office Harris owns prop yeah can we get that in writing I'm sure we could because you know before we that that's a big question who actually owns this this is very similar to what happened with the jewelry property we made it uh we decided what we did and and looked the state lines we really weren't we assumed that that marker was it and we kind of made our assumption that this year we before we really knew really what we were yeah yeah we don't want to do that again you know what I'm saying like we said all right well this is we're going to assume this is State Line really apparently now what we assumed is theor map show that it's not their property yeah so and the desarts did develop that in front so we don't know if maybe they bought that or they're leasing it or something else yeah um figure out who owns what and true yeah and I think it would go back to the D because what we can what the lpp can do is just not issue right stickers it's year say you don't qualify for then it would have to go to the D for enforcement for chapter 91 regardless of what the case is would those docks have to be pulled out de by December 1st because I think well technically they're supposed to but they've never applied for an extension for the when over the winter were they given special consideration some sort of waiver for that that at any time not that I'm aware okay I know some people did and with the only stipulation being they had to put lights on it so would get run into by a snowmobile or whatever yeah there was another dock the Pratt dock that was down there away think that they got the consideration or something hardship no they were violation to so what do we do in that well there's two issues here there's I mean that can't be removed so I mean those are three issues here with there more than you know everybody that's on Lily way I can't see how they can be removed by December 1st mean you you'd have to have trains down there to those yeah they're not temporary have have to be license through the state they're just setting them up right no they're not just setting them bu I believe they're drill down drilled down in yeah they're like peers you can't miss them if you go into North Pond they're yeah I I know where they are just as you're getting into the bigger section yeah and they all uniform they look the same with all the same decorations and everything and it's pretty permanent I think the prior discussion was that because they it was impossible to move them that they had to apply for the the bigger license of1 I think that's when they went in for the chapter 91 because it's an exception in itself the way it was built and everything how that got approved I don't know um but you know that's they've been there like that and they and Harris is got one do 91 they got a permit for well trouble is we don't know for which doc Harris submitted because there's no there's no picture no plan to be have that to figure out right there's still a lot of work to do on these ISU yeah there's some unanswered issues right I mean I think flaged them for next year's application oh yeah and um you know they're not going to get stickers yeah deny the request for stickers um well because of the two and if the Harris comes in and says they just have one doctor that actually does conform we didn't want to show proof that they actually own that property that it's on right should be up to them to provide that yeah I mean if well because they have done that on the Bandon Road were you part of that when they they did take part of that Lily Way Le went out there they had there's this thing called the abandoned Road statue and they added the property to I mean part of this Lily Way is actually underwater as you go along the lake shore so it's not really used by anyone it's not a road not a road but is property on the waterfront and if there is a way to resolve it these people could get that the think it's called the Bandon Road statue to to yeah I wish that whole Road would get just resolved taken care of because it has an issue more than one time so why don't we get something from the assessor which says who owns the property and then immediately send a letter to whoever the owner is uh start the ball rolling now because if we wait till April it will be another year before we get it resolved that's good idea get it going down okay so I'll take the action to right the simplified chapter 91 license probably is not the way to go not the simplified version anyway right so what should the letter say that they needan to deter ownership or determine ownership got yeah who owns Which one yeah and whose land is it on but isn't that what the the visit to the assessors is to determine the the land ownership and then the letter would be who owns what doc letter to the owner can write it up I don't think the to the owner of the property I don't think the assessor is going to be able to provide us with the information we're looking for so the owner of the property is going be incumbent upon him to prove that he owns that whatever it takes to do that for him to prove that to us then prove it to us so so I don't think the assessor are going she said she she she knows the property yeah I've heard several times what is going to be the issue for them getting a permit other than the square footage is too much because we've given waivers or whatever for people to leave their docks in permanent hardships definitely come come under that hardship but as far as the amount of square footage would be the bigger issue that's the primary so all the other ones we have hardships for are always under 600 sareet yeah they're just normal so on one property cumulatively you can only have 600 square F feet matter how many you could have three little ones or one big one as long as it didn't exceed 600 that's how it works I believe so you can't have 3600 voters on one property right okay move on 74 College Highway proposed CPC project for southc work Society acquire the property the Conservation Commission we just going to hold this uh conservation restriction we're gonna listen to Mr Hamburg tonight give a speech he've heard a couple times already oh I'm not giv well you can just give us our we don't need that one that's all right uh lee Hamburg 48 South longard Road uh we are looking for uh the Conservation Commission to hold a conservation restriction on 74 College Highway we do plan on acquiring iring title and we will try to um through the CPA program acquire the difference between industrial zoned land and conservation zon land as a means of helping to pay for the property so what's your thoughts have you held conservation restrictions before we have some yeah F there's well that's not through us that's the state the state holds that but I don't think that you're not looking for any money from conservation and you're not looking to give us any money right we're not looking to give or take so all we have to do is Monitor it that you're not gonna have to write up the conservation we we do have a couple of them templates in place that uh boiler plate kind of thing now boiler plate if it's not done through the state it's only good for 15 years is that what the maximum conservation restriction is I think it it has to be it has to be I think in perfect toity if we use any CPC CPC funds so we would have to run that through the state because you can't have a CR you have to have a CR approved B oh yeah it has to be yeah yes so with Wally Park they did that differently they didn't have to have they had other language that they put in there so they didn't need a CR well I probably the CR is is the way to go all right well that's that's fine we made got objection house what Mor house oh yeah tobacco bar yeah okay right behind there that whole Big Field behind right right so you're going to build the gr house over there it's own for it I we're not going down that road there that would that would raise the price there's 10.52 Acres on the parcel and as most of you may know uh there had been an approved plan for a marijuana grow facility up to 15,000 square feet built on the parcel and because it is IR and because that project is not going going forward I mean just look at the economics today of you know marijuana grow everyone can grow marijuana um you know the bottom line is that's not going to happen and we don't know who would be potentially purchasing it down the road and what they would want to put in and they could put in just about anything from A to Z with special permit from the planning board on at least we're estimating five acres of the land and a great deal of the land directly behind uh our museum is probably some of the drier land so if nothing else they could put maybe Mini Storage warehouses or maybe a nice commercial solar feel would would look good there I don't think so I I don't think so either so our goal is to conserve the land and uh provide access and uh those things would be excluded from the CR if they would be prohibited to any kind of we we could we could be very flexible in that but you would want to leave it flexible enough to put parking or a building or we would be very careful about that it might involve perhaps special events parking in some some sections potentially so we'd have to write something into the CR that would we we'd have to cover our basis thoughtfully and you know yeah and it's going to be back and forth anyways just to make sure that you know when it's done it's something that we can all live with and that by having it locally controlled uh that we'll be able to to achieve you know our goal of conservation and uh you know retaining a Heritage landscape I think it might be a good idea to have a lawyer involved with the CR to make sure it's I've never written one and I don't know anybody else that we written them and they well I haven't personally we haven't but the commission had previously that run into problems because they wrote CRS and weren't really legal so I think that would be the way to go Le I mean yeah we can certainly okay that tonight to happen um but as far as us crafting it I think that's not a good idea you know um if you want to you know rough one out with il legal template well we want to know things that you might need to have happen on that property so that we can write that in and make sure we're Shing everything that you want this property to be so you know we'll make sure we get that input from you okay so that we can get that included into our document but when you do it it's okay to do it yeah right if you do it like like he's saying the event parking or you know things like that you actually purchasing that land yes okay yeah okay so I'd like to make a motion to P the CR um to be crafted along with Society to uh um4 74 College Highway thank you yes can we do that before actual ownership of property is established start crafting probably wouldn't want to send money on a lawyer until we know for sure that it's been okay just they ask go three town meeting that's correct yes yeah right no meeting is first right so okay just wanted to ask the question he just asking for permission for us to hold it to craft one in the event in in case it goes through I'll second your motions okay all in favor I Chris I nor I Kev I Dennis I Jerry I okay step step three whatever step it is one of many oh yeah one of many exactly thank you you're welcome have a good night okay we have a request for certificate of compliance for three South Lumis Ryan hi Ryan can I ask question did you C Nicholson Hill already tonight not yet no okay we were late okay I think it's like right next it's next actually yeah there's agendas on the table if you want but yeah you need it now yeah sign in yeah that'd be great okay all right uh for the record Ryan nson from our LEC Associates again this was a notice intent for a septic uh repair upgrade the front yard this s family home work was in the buffer zone well to the back here there was an isolated wetland in the backyard so that had jurisdictional Zone also 100 foot buffer is located right here so small portion of the septic was within the buffer but the remaining sight grading repair the deck the driveway um was all within the buffer zone as part of the noi filing when we were out there delineating we found that it looked like over the years gravel had been pushed off the end of the driveway into the Wetland so we say volunteered but took it upon ourselves to restore that area as part of the noi um Mark's Property Services did the work septic is installed slight is final graded seated grass has come up um there was some back and forth on the plants that were installed in that restoration area those have been corrected with what was shown on the plan um I talked with Mark and he verified that he did scrape all the gravel out of that area he did bring in Top Soil um I did some soil borings and underlying substrate is marginal it's not pristine but I don't know what was truly there beforehand um but all the debris is gone it's stable and the plants are in so so when you said top soil what do you know what type of typ top because it's sad to use 12 in of organic soil inlay to achieve final grade and when I went out there it just it kind of just looked like RAV soil it didn't look like he scooped any of the soil out and replaced it with Organics um do you know what's so I know there's was it three bushes and one red maple yes that's right there um bushes are the island I I forgot but those are fine but as far as the the grass area what was do you know what seed mix was used over there uh supposed to be a conservation seed mix um said he put it down I don't have any proof of that but I did see something growing um Andy went down and he took some pictures for me I think my my concern with with this is that the soils weren't treated and that just going to be lawn it's not going to end up being a restored Wetland that's my concern right um and that's why I said I I didn't I don't recommend issuing a certificate at this point just because because of the soils um that's my that's my opinion I I I agree I wish I I was in tune with when they were doing that and I could have stopped by and maybe direct it but um it's in now I don't they'd have to rip it all up to redo it saying that they shouldn't but potentially would be disturbing the whole backyard that they just finally got seated just before fall time so looking for motion to table this Chris we could or we could just deny for now until so that happens to give some some background uh the gentleman that owns it uh believe is an attorney and he acquired this property I think as alternate payment for something that didn't go well um so he's has the property on the market and he's trying to offload it so time is of the essence for him the way we're looking at it now it's probably going to get denied until it's happens I believe um we could either table it until the future Sabrina says that it's you guys can go out too look at it so one of yeah Ryan agrees with you so yeah one of the issues they encountered Mark mentioned and I agreed to him to some point is the mature trees in that area are still there so when they were trying to scrape with the gravel they're also ripping the roots of the red Maples that were already there um it's not so it was hard to OV excavate there an inlay because of all the tree roots that were already there um how long that had been there I don't know so I mean they did do a whole new septic system that's to code so some benefit there they weren't required to do that but in in your opinion would that what they've done even though it's not maybe what was the same s that's there will eventually be uh what like is it going to like what they put back there is like are you going to be able to tell the difference if it's a grally top soil or you know what I'm saying like in your opinion like right so it I mean it's been dry this eight part of the summer and even if you did inlay the correct soils you wouldn't be able to tell for a couple years and it's the Hydra conditions are right there so um not saying it won't function as a wetland it's just I can't tell right now and that's another thing is on the detail of the noi it has two years monitoring essentially um this was taken before the grass started growing it doesn't look like that right now this is taken back in August um but like this is what I mean what I don't think the soils were replaced at all I mean you still see all those rocks gravel the gravel in here it's just it's gravel um spread some Loom over the top of it some good composted soil right that's what I was saying they could just add throw some W seed mix in there yeah be easier that would be a better compromise than right than more Excavating right like you say there's Roots yeah that is I mean in reality those trees aren't really like filled over I mean it's hard to tell but like really like it's not like they like the those trees have been there for aund something years so it's not like the original soil is all still there you would have ripped those trees would all be dead if they like right you know what I'm saying so there's still the soil there like d say if you just a little bit and throw some more but it's already growing I don't know I'm just saying like I don't know you think put hay on top of that too or how much more damage you going to do by going in there and ripping all the roots out of the thing is with maple trees the The Roots don't really go it's more not a tap rout they spread this way so the roots aren't can be very deep and anything that you go in there you're going to kill those trees Want Build It Up more rather than take anything else I do you have any photos of recent the last on I and I'm kind of kicking myself because I know Andy sent me some as cover letter recorded I don't think I saved it in here I'm sorry um I thought I did have it um so at that time those the last picture that was up there was taken the tree installed was a Norway maple which uh is an invasive um so they I told them to swap that out with a red maple and when they did that they did a little bit better top dressing they seated it again yeah and right now it looks thick as a lawn but and that yeah so it looks like a lawn I'm wondering if maybe like some type of monumentation should be put there so they don't use it as a wand down the road um because we want it we want it to let it be Wellen right a thought that [Music] I'm take what right to some soil and some seed mix and let it set for a while and certific bring it up a little bit more to the everything else good the trees everything else is fine the they you going to get any do you think it's going to grow enough now not this year years of monit anyway how much how much like actual like I don't want to keep talking about this but the wetlands that are there how much grass or like Wetland mix is growing in those woods it all looks like just force litter to me and leaves like there's a few like ferny stuff but there's not actual like vegetation it's pretty shady in there yeah like how much actual vegetation is there you know it's forest and some ferns M right that's all well look it's all leaves organic this Forest litter um yeah it did say if at the end of the first or second growing season or both success rate is not expected to be 75% planting or seaing of restoration area shall be undertaken so it it is noted that there's two growing seasons and to be monitoring that to make sure success of of the plants so in my mind I'm thinking this is going to be going on for two years and then a certificate of compliance would be issued if it's in compliance right um You can't transfer that in a deed so you can't transfer that in a deed can you don't have to transfer with the deed if that is that what the problem is here that I think he wants sell it so typ Appliance to sell it just make the last appeal for someone to purchase we've done this before we've said that you know if they do this and that that we will most likely issue us a tip compliance and they have they'll have a letter of documentation that letter yeah yeah I just did that for 38 yeah I mean that's a closer appears as though you know but then the new owners is responsible to be in compliance the monitor to monitor yeah that's long theyare anyway so you can see that middle maple tree see how it's darker like Yeah The Tall maple tree right there see it right where your first is the line down a little bit so right it looks like the dirt no no again the actual tree see you can no oh yeah the old tree right in the center y that go down you can see how that bark the bark is lighter up higher and it's darker on the bottoms they did dig yeah yeah they did it was a big M too yeah yeah they did take stuff out that was buried yeah yeah that's a good clue so wouldn't wouldn't take much to R put some back I think they're there other than like what C was saying about is it supposed to be monitor for two years so we could write them a letter saying that it's uh these these things are met it's I mean we must done a half a dozen times so didn't so what things need to be met you tell me which way so what were you thinking Dennis the soils brought in more organic soil in Wetland seed mix y That's No that's not going to sprout right now how much uh organic to access the site yeah it is it's right at the end of their driveway oh absolutely i' say at least three three inches of supposed to be 12 that way you'll get two say three and then you'll get two um it's better than what it was that's right inches of top soil with W let see next which some will grow maybe so [Music] those and is that it so the letter any have anything else you want to add that if if these things are met a certificate of compliance will be oh will most likely be just give some reasonable assurance that the commission will be favorable to issuing a certificate yeah sounds good you send that right to the lawyer regally Mr Warman yeah but a certificate of compliance is not going to be given at this time given at this time we can say due to the length of monitoring stipulated in the order of conditions right anybody want to make a motion Mo to the table I'll make motion second in favor favor I nor I have an i i Jerry I okay will be hopefully suffice the message thank thank you everyone have a good night thank you Ryan than you Ryan and the moment you've been waiting for there's a reason why I brought that we have 24 and 26 Nicholson Road uh possible changes to 454 d127 issued an 88 2023 talk okay thank you you have my seat good your name well that used to be our it used to be our place it's a Perman move for us no night when they're bus when they have a big yeah I'm conflicting like yes yes it could be sorry that's is um Steve sent a PDF no I sent a PDF did you get it it's okay is it new it's just like it is new yes then I don't have it it's now it's in my email then okay yeah it's all right it's understandable can't get there from here when did you send it at 4:30 I don't want to talk about some people are busy I love it good answer so at the last meeting we went through um I had uh updated a delation out here that was previously done um we had a site visit I think there was agreement that the new delineation was accurate to the site um so I had misspoke before I said it was a single family house it's a duplex so that's my mistake that's on me um so what we're proposing is a 77 Fox 44 duplex and it's going to be up slope from the old plan which was down here um Steve's got the grading all worked out so that there's about 2500 square feet of impact within the outer 50 feet of the buffer zone there's no impact on the inner 50 feet of the buffer zone the septic system was previously here and it was going to be a pump system because the house with a lower elevation so we're going to move the septic down here so that has to be redesigned potentially new perks but I don't see any issues with perk in in here but so we're going to move that here the driveway can follow pretty much the existing path that's there now okay and that reduces the the cut that would be down here for the driveway there'll be some work up here at the highest part of the property really which is a better place to be doing it that kind of levels things out a little bit um want to look at my notes for a second to make sure I'm not moving so driveway um right and this this stuff out here the septic system in the driveway is kind of outside of any buffer zones so Steve is going to work on that and that would be a or a health issue and a building inspector is that yeah to make just to make sure that the septic system is acceptable the new design and basically the the reason for the new design is just to so that it works on gravity there's no need to be pumping it now that you've moved the house up the hill right so and the so Bandy gravity is the soils out here are I believe um they're either uh well drained or ex excessively well drained so on to here this is like Woods I did not do the well down here because we're not even touching the second half of the property right now the 20 that this will be 26 here I think it's the downhill one so there's no work being done down here so if they if if if they um was it close that order conditions no to amend a notice I think there notice intent I so you the delineation on this notice of inent is good for the life of this notice you can't change its oration you have to cancel this approved yet though this has been approved this old one has been approved oh that one's been approved this has been approved think we it has a delineation in it so this needs to be like the delineation lives with this so you'd like to withraw that and reapply an order conditions on that prop yes yep um I was not aware of that I think I thought that this was because it was a municipal still in order of condition no yes I was not aware that it had ever gone through to have an order of conditions on the old I was not involved the project all them so I don't know okay so is kind of like what we did with 55 Foster I think they had them withdraw their notice which wasn't even approved yet to reapply for their new plan it was a different this has been approved this one has already been approved so to withraw right that's what I'm thinking and that's because we talk over here than the original one different well they came up and he said it all wetlands and the original Wetland came up oh I went up I looked okaye with this this is down here and not wanted so right I like it when you explain it so the old house um down on the slope there's a lot of cutting and filling on the slope and this slope is moderately steep down here so L didn't want this so we looked at this and I went out and looked at it and I was like wow this there's some Wetland vegetation here but the soils are Upland and the and the vegetation is spotty I mean there's there's edges grown along the side of Nicholson Hill Road down here so it's just like sometimes they just grow they didn't read the rules and know that they're supposed to stay so anyway so I red delineated it and in here well and truly is a wetland there's a there's a groundwater seep up in the corner of the property and when I did the delineation it was it was really flowing nicely and okay this little drain going down this the slope kind of helps helps it stay limited if it was flat you might have a a larger footprint there okay but um the same with this that one I did not look but this is flatter so you know what there that's all absolutely you know what there okay yeah that was so that compared to new one here yes right it's a smaller footprint now or is that what's going on I want to look if you got each resident I need to look at the scale we need to draw this and I didn't look at it where's this scale here oh 1 in to 20 this is 1 to 30 so this looks smaller compared to this and it is likely it is smaller but it's not not half the size as appears the driveway is basically in the same spot um the driveway on this is down slope of this this driveway is probably here the septic system was going to be here take the septic system so it could be gravity kind of here with the house up here it's gravity fed he doesn't have to have a pump now so that's what I prefer there's less alteration of the cutting and filling on the slope right right okay Steve's got it so that all the cut and fill is right up on the More Level part of the property and reduce the impacts in the zone being the approved one it's sufficient different than the proposed one exactly this one would be almost impossible to build because you have this foundation wall here yeah would be 27 feet tall yeah you know want new gu I guess we need I think you would definitely we want the delineation on the plan we need that all right Le stated so you're thinking if I go at the bottom yeah re reapply the process that one I think it's requ for certificate of compliance project never started right there's there's a little check mark on that on that 8A I think it is that says never done yes okay and just to show that it's there okay yeah but definitely put in the end up making it easier clean nice clean well actually yeah it because it takes a lot of the conditions right so the order conditions should be a lot simpler for this new hoi gun I should think yeah you're less work okay um to Wi the AP p and the and the path of that Wetland doesn't go toward the house like you said it goes this down Northeast out towards I think Z proper out there something um okay and then so that doesn't really concern me and now does Min do still require certified letters to a Butters is that yeah I think on a new a new notice so okay so um can I use the state for many a butter notification or do does town have its own I use the state one state yeah the one the example they have online this one and so today I learned that there's a new right that form says Army core on it but I don't know I did not know that so maybe I'll I'll give it a try so they're gonna for the next meeting and we P like the state one is so yeah efficient it answers all the same questions everything's there okay so Jeff you're gonna put it you're going to have request for certificate compliance for the next meeting right we can do them both the same and yeah does the certificate of compliance have to be approved before we submit the new noi we can do that right before okay so kind of almost concurrent righte make sure that try to get you up and running I would say pretty much same hearing current hearing draw existing noi speci compliance what for a butter okay um did you want to do another site visit see the Wetland flags and that house I don't think you had the house we didn't before no we just looked at what right I pointed it out approximately but we could go out we put state for staks in the ground where the footprint is on this if that's what you need it's I mean they're gonna be anybody interested in going out the look they're going to be St in the flag well I mean You' have to decide then if you want to go I think well yeah I mean I'm pretty comfortable I'm pretty sure I can see how far away from the road it is the angle it is the distance from the Wetland and I got a pretty good picture in my head but it's like but if anybody else want how to go we could set up a time where's the reference to the ditch that runs the old way the old road is that oh yes there's an old RightWay Road up in here actually that ditch might be right that up here yeah yeah right just further down we don't have any all right all right so that'll be that'll be another you want a plan the same I gave you tonight we don't oh I don't need this we don't need that no it's not have to have all the stuff yeah all the other information has to be included um all right yeah definitely the Wetland flags and flag the buffer yep [Music] umol yep and my and I sent this yet also but here's a paper copy of the I revised report state that it was our two family and I also and my old one I didn't have any details about erosion control but we would be using uh straw Waddles around the perimeter of the construction put a crush Stone entrance at the bottom of the driveway because the driveway's got some slope to it try to keep any dirt from running off on the Nicholson Hill um I think so we determin if we're going to do are we do going to have to do a pre site like a site visit or are we not if you want to I I've seen the site I have too I mean I'm comfortable I don't feel the need so for the flagging stuff is like what well I've seen yeah on the top but on the bottom I'm not too concerned with as long as it's on the plan delineated there I'm fine I think it should be flagged everywhere just in case happens on he should flag it see it before we before we the next meeting we don't need to see the flag I don't think I be on the plan yeah yeah if anybody wants to make a safe is it no any time right why he doesn't mind if somebody goes there so when you do it let's bring know when it's done then people you can let people know that they have the opportunity to go out and check check it out going to try to early next week probably okay I just let her know I don't feel the need to have a formal site visit but if people want to go out and that they can I'm comfortable if you are yeah I mean that's so D slope right from the projects they're not doing any cutting below like they were so is that all going to just grow back well what we want to do is take down like four Fe May that area bigger so we can move the house forward and then hopefully maintain it right now down here we see the new plans and delineation preliminary more discussion on say yeah all right so as far as changes you can't change it but you can reapply right all right all righty well you're you guys want this'll talking later you're welcome ask no d a thick magnet but well you know South Lake's a complicated town you got a state line on it you got Lakes all kind of a complicated town it's not just this been pretty we're all with this one then Chris we're all good with this one y we move on to the next yes I guess so Dennis thank you we're gonna move on 19th Road thank you very much we we have unimproved SP trees we have a request we do noble te first oh not sorry okay Ste we're down here at the bottom one up from the bottom so just upate everybody the new bridge thank you for coming in thank you right oh that's for Steve right thank you we can put your name on ears are on me my name is Jeff I'm Sharon meet too see you later all right so now Noble spe Ste sub division request for extension of order condition and project update yeah okay so um we got some information there's some design work that was done on the crossing so we're kind of in that process now we're moving forward with it we have is going to be a uh open culbert Crossing it it'll be 9 feet wide so it meets the 1.2 ratio on on B because I yep because I I delineated the stream through there uh when the DPW guy or the waterways guy was out there he said it was a stream so he says it's a stream just St designed around that um he gave us a waiver on openness ratio so we don't have to meet that but we do meet the Bank full width so it's going to be about 120 feet of impact it's a 9 foot wide open steel Arch there's not be any concrete poured for the base it sits on a on brushstone base with steel panels supporting it and then it's kind of self- supported that way because of it's Mass it's like the sou I'm not sure I wasn't involved in that but is that something you've seen before yeah yeah yeah the engineer uh Terry Reynolds is doing the engineering work on this okay so that's the update on that um and then once this is done he can tie the rest of the storm system in and two weeks ago you would ask me about it and I didn't have the information that everything else was being tied together and improved and I found that out like the next day after the meeting so that's where we stand on that um we've reduced the wetlands impact uh it was around 2300 I think for square Footers and we reduced it down to 1551 1,551 square feet is that with the 2 to1 ratio or is no that's the the impact so two to one is going to be about 3,100 square feet of restoration restoration and I think we can still do it Downstream to the north of the crossing and that little warded uh saddle in there kind of adjacent to the weapon it's the easiest access you may have to split up and do it on both sides but it's the easiest access least impact there's a couple other places where we looked at but you're going to have to go in there and you're going to have to clear our access to it through the woods and that's just not right it's just not the best way to do it where your impact already is happening kind of you know what kind of restoration are they going to do for the stream itself that sure they're take some of that out of there the stream is going to be rebuilt approximately the size that it is now we are not required to do an actual stream restoration that's based on what the guy from the division of water pollution said um uh but it'll be probably a gravel substrate through there um and then sand gravel sand and gravel s sand over the top or stays gravel they can just be probably just sand and gravel is good because the gravel kind of breaks it up a little bit it's just sand the sand tends to wash yeah um so I think our next step now what did you say about the order conditions does that have to be submitted to end the old and I'm confused on this because we got about four different things going like we are we just looking to extend the old order conditions or yeah that's what we did like last spring that's how we got started on this whole thing he asked us to extend still in limbo because we're waiting on the 401 Water Quality okay okay so we're okay then yeah we're still in the extension on the order of conditions and I'm almost ready to start working on the 401 Water Quality because now I have this information yeah so once we get that 401 Water Quality then we could actually review again to see if we want to extend because it's in limbo right now technically there is no extension okay yet um need any workout there would be enforcement exactly yeah of course that's why the storm water infrastructure is under enforcement order right now we want the storm water to work okay we covered everything far as I know I'll remember something do you have anything else you want to tell us you can if you don't then we're all good it's up to you there that's what I'm said I got a new truck nice that's good news my new war Pony yeah my my third Tacoma so oh nice yeah I like this you do want this for your files for hour or um I didn't send a PDF because it's not finished right don't send me anything that's not it's okay very good all right thanks very much for your time rearr the meeting oh no problem just us here anyway right now have a nice night see you Jeff you as well take care Everybody Take Care je good night we got 55 56 Sunnyside Road possible unpermitted work alteration in a resource area um I sent them a letter I haven't heard back but 19 fer Road does need to be um the enforcement order for that yeah I have I have the enforcement order Chris reviewed it Chris reviewed it he said it looks okay to him but you guys can certainly read I have written up the form itself and then um in the where does it say so you need us to what do you call it when you restor is confirm and enforcement order you it's a term for that I forgot it's been a long time approve any person uh issue no to approve it so we have to sign it cond come on Dennis you can do it trying to read can you describe the word after you issue an enforcement order it goes with the commission then the commission approves Ceres we're getting there I mean all those sounded good me um accepts rify that's a good word I like that word not gratifi no well anyway got we GNA sign it if we accept yeah there's a written part in the back um you wanted to review before you sign it um basically it's saying like it tell it tells the property owner what they need to do meeting they need to attend the next meeting they need to do a planting plan I suggested um uh native plants in the area um I counted 22 trees that were down so I said 22 trees um that's just from the photos wow uh gave them a date that they need to have these plantings done by I said uh RI that's had it he said it that when thank you I said that the planting that was very deep the plantings need to be done by November four um if he can't do it he needs to uh basically document um the unforseen circumstance no later um than May 31st of next year for the planting things and then he must notify us he must monitor for two consecutive growing Seasons if he can't do this himself he must hre a professional and then after completion of two consecutive growing seasons and provided that the replacement trees have survived this enforcement order shall be deemed satisfied so that's a synopsis of what I wrote um so I'll make a motion to approve the enforcement order ratify ratify the enforcement order Dennis you want a second you think the word ratify think my met seconded we take a vote all favor I I Norma I Kevin I Dennis I Jerry I we good unanimous ratify I hadn't sent out the enforcement already yet I don't it ratify normally we don't have to all sign it you go just you can sign it issue and that's when the ratification would happen we skip and go right to the ratify okay since you brought it with you why not I want you guys to review it to make sure it seems I like good doesn't have to be sent out hopefully it comes to the next meeting hopefully you get the letter the mail anything Happ the detailing voice oh yes I have something on um did you want to talk about that now or yeah why not so the detailing place that is uh interesting I did let I let John Godard Our Town planner storm water man know also Randy Brown our DPW because that's on College Highway which is um Mass doot oh it so they're trying to figure out whose jurisdiction it is if it's state jurisdiction or if it's our jurisdiction um regardless John is going to give me an update he just sort of gave me a really quick verbal update today that they're going to work on it Tru coming out of it like close to it somewhere very close two days Jeff I think can't do that you can't wash cars and just let it run out right into the storm drains yeah yeah lot mean sometimes the high school does it in the parking lot there which is not a business because they don't plus they don't have the storm drain so that's a one shot deal these guys do it all the time part of their business a lot of campers there yeah at first when I saw the email I was thinking oh it's just the high school kids having another car wash then I saw the pictures I saw everything else going on like where was washing trucks with solvent big thing of solvent it's got to go somewhere yeah they have to have a place to put it but it shouldn't be going where it's yeah so down the road they need their own storage tank the own needs to figure out if they want to break lease or something with them because they can't provide the proper infrastructure for that type of business or if they want to fix it so they can absorb that water and put it into um the sewer some sort of catch Basin right yeah can't they can't go into you know if it has solvent and things like that and there's certain things you can't put into the sewer right you know it'll overflow pH has to be more or less correct and you know there's there's guidelines to that but you can and can't put Jerry's had some experience on our sewer expert on the sewer committee if they have stuff that's like you know a really costic solvent or something yeah go in there so that's just the update you post we'll move on motion uh M tabl for now bed Tree on North Pond conservation we talked about is there any update on that or I still have to finish the letter and send it to the to the neighbor okay any update on 13 Berkshire we have yeah okay it's you have I think it's the last thing in your so we've got um so partial completion of phase boundary survey I did mention that you guys want PS in the ground but I think even in the quote it did say PS on number five completion that IR at all currently UNM monumented corners unon we do so they're asking us to pay this bill okay and that's just part of it right yeah that's coming out of the Woody fund right let's hope yes out of the Woody fund yeah I'm not asking that's request by Dennis seconded by Mr Pratt yeah you guys voted for it already Yes um so yeah I can get I can get that moving along for payment okay proposed amendments to local p lpp request by select board chief police master Diane G update on that heard anything else okay okay uh report from Suffield presentation on lpp contract that took place Jason BR and I went there I presented basically the same document that I presented to you guys a couple meetings ago great uh remember there's two open issues the independent audit of the LMC inventory and he totally loves getting 153 photos of every boat propertyi to the property level he says I'll buy that he uh and on the concom membership instead it's still an issue unless Jason can produce a document that says we can't do it by the state of Massachusetts it still be and Jason says he's got that yeah and if he does have it then he'll buy the the leaon okay right can always do that or even associate member maybe no I don't think so that's been known to happen on LMC State yeah well that's lnc is that's a scary we had Connecticut guys on it so we're getting Clos the state mandates who are members of but most of our stuff and we're supposed to have staggered memberships I don't know if the select board has got that right as far as people reappointed not every year every think they are stag replaced days year some are from years yeah he replaced days so that's why so they'll let us know how long are it's three years for years years everything years see when your term expires three years from when I got appointed last week correct or from the term the term I think the term but that's but that is his first thing that was his I don't know the formula reappointment from when when you're reappointed you get three years yeah his the first appointment doesn't mean three years because I was appointed at the end of somebody else's term so I spilling that term when you get reappointed then it becomes three years right yeah it's only the first July year that the commission starts they have the one year two year correct okay right yeah yeah all righty and they're just going to keep appointing is that how it's going to go from here on because they're talking about elections at one point no more elections uh there were that yeah I think the state had to say something about that I think do it under Home Room home rule law we'd have to yeah have to create our own bylaw for it create a bylaw for well it happened I think it was recommended at the town meeting so I don't know yeah okay what happens there that please don't know's administrative stuff report stuff concom meetings I did attend another meeting nothing on the agenda about the lake okay big big public hearing on Pig farming oh boy Pig F on our anym consider us lucky does wow okay possible Wetland violation 31 s West Road did you go out yeah yeah Andy was G to call you what do you mean didn't he he let me know he showed me he sent me pictures okay good so him and I went together you know through the farm and over the hill and in the bike bike trail some guy was like Hey I'm go Tom business yeah really yeah did he have a shot there was a jogger coming up and like right you parked on the side of the road and they yeah they did that to us yeah all the benches we need badges or something we Drive slowly we can get badges yeah but yeah the guy didn't understand it like you know it's like that's down business yeah almost got on the lake yeah through the whole thing it to issue badges for the supposed to have an idea never had one no I got a sewer committee one it's pretty old on my wallet my car there's a nice picture so this is I mean it's been dry doesn't look like ha is different yeah totally different got a mustache eyes are different color my eyes are grayer than but I mean yeah you know so this is these are the images that Andy but we were pretty thorough yeah I mean we yeah saw all of that and then went up in to the uh the chip wood chip area saw what they did so part of what the problem is that when they push stuff onto the edges Once Upon a Time yeah big trees and such because of the the geography of it the water flow comes off the the High land and then gets in and through the roots and those down trees and stuff that they pushed in there and it just finds its way into this so that's kind of what's going on but um what's that puddle but this is a Vernal pool that's a Vernal pool oh yeah God it doesn't look it looks like it's intact water coming out it from this side overflow puddle and then it doesn't really seem like it goes anywhere um there was an outlet I know Ryan saying do more damage by touching this sand and the sil and removing looks gra manmade you know but there was enforcement order to do that yeah well are they gonna do it that's what we're trying to figure out if they did it because he's not being responsive well Ryan I mean I've I've asked Ryan before and he said that he has had no response from um Alexa right and you said you're going to contact him I could yeah yeah to see what's going on because he was supposed to have have had this done was going to do the work itself I think so yeah he said that they were going to come in there with wheelbarrows and shovels and this past spring yeah know didn't look like anything was done so then that's okay look like anything was done I have or it may have been done and then it refilled with let's see if I have um so this is images from uh well there's a date stamp on there last year may last May yeah and so you can see uh theity so that's what it used to look like yeah so this is somebody somebody called in or someone actually came into my office and said that this is filling up with sand and you can see just the sediment here and it's going into the I think it's a Vernal pool Ryan uh delineated as a bordering vegetated Wetland which is fun and here some stumps yeah and we climbed over this stuff got into the other thing honestly but you know the problem is it's like because of the way these things are so it's it's comes down like a bathtub down off that end and it drains in there's like a whole like a mini cave under this and the water comes out of there it's still functioning as and then just s well won't be well this this part wasn't even part of the delineated Wetland that R got cats and stuff going in there there's like a ditch there's a ditch in between but the Overflow from the ditch is what what you're getting down lower yeah it's going it's going well here's just an overflow from just the site right and this is the sediment coming going down through here and Dave just walking on it here see and then over here I think right over here is where the Wetland is and then when we went these are all wood frog oh wow they cute good time of year to catch that but you can see just like the leaves they're kind of covered in siment or yeah it's pretty milky um this is just a picture of the stream downhill that I think that's why uh it's a bordering vegetated Wetland because it's has the outlet um but I mean yeah I think it's a ver it probably could get certified just look at all the wood frogs there was one out there we went to D us isn't there one right here there said it was more North yeah I remember seeing but you know it was all grown in like there was all kinds of stuff growing here you know MH CU I think we went that way and then came back this way um yeah this this is I think to the left of that mound with the logs and stuff or the roots and then there's a whole other section on the other side it's just like a wall of stuff that's been pushed up yeah I mean that just surrounds the whole thing this is almost like a break from that wall yeah that's why stuff is coming in it's almost like if they did another wall and then continued it then you'd get nothing I guess I thought they did I thought they were going to do that didn't look like it Happ so doesn't look like anything really happened these all these all these trees are like this so it's finding a way through the water on that side this is just wrong where' it go this one right commers yeah yeah as long as you want I'm just locking everything up okay shouldn't be too much longer one hour later thank you um yes and could you try contacting Mr alac and see what's going on because there was an enforcement he was worried that because it was kind of hardened that you know trying to move remove that would actually cause more damage maybe and he was saying that I'm like I'd have to see the plan right yeah okay moving on we have some minutes from September 16th 241 H Holiday Drive I reot the whole thing bottom of page two I thought that was perfect the old one or the new one both have to read the I didn't get to read that yet no neither any ready motion approve minutes all in favor I unanimous paper you guys no we didn't people are still signing paper second all in favor I unanimous again I can't believe it