##VIDEO ID:mGw80VS_Amc## we have the October 8th meeting of the Conservation Commission please stand through the flag pledge allegiance to the flag of the United States of America and to the Republic for which it stands one nation under God indivisible Liberty justice for all all right thank you everybody first hearing is going to be for uh Joselyn bone notice 1429 Main Road se8 2767 to truct a single family dwelling in the buffer zone cards thank youe Engineers Jo gamb 29 Main Road this is a lot that has FR actually on Ma way which is here this is a simple new construction of a single family home this has a septic system which has not been to the Board of Health yet be if this get approved tonight uh ineducation system it's a small house at the end of a common driveway that will be constructed it has drainage to take care of all the uh runoff from the both the garage and the house itself everything is outside the 100 foot buffer except the grading and those two facilities that infiltrate we're outside the 25t no activity Zone the green represents the weap line is a simple single family home construction thanks Shan May through the chairman is the other lot owned by the same people or the other lot is actually owned by her brother-in-law seano okay so there's a separate ownership of the lot above that's correct thank you Mr chairman Joselyn gambone 1429 Main Road this a notice of intent application filed by Northeast engineers and Consultants report dat is October 1st 2024 there is a file number with no adverse comments it's SE 82766 site visit was also on October 1st 2024 description of the work the owner has filed the notice of intent to install a well and Grading in the buffer zone to the bordering vegetated Wetland the Wetland line is shown accurately and no changes are needed the single family home will be constructed outside the buffer zone but will have two roof infiltration Chambers installed just inside the 100t distance the storm water measure will allow groundwater recharge the well is proposed 90 ft from the edge of the Wetland and also just inside the buffer zone the extent of the work is for the grading of the rear portion to allow a lawn area no work will be proposed within 25 ft of the bvw it is recommended the owner install a split rail fence and a row of Boulders along this 25 ft no activity line this will help prevent future clearing beyond our approval uh recommendations again this is a basically minor buffer zone project recommendations the West wport Conservation Commission should approve contingent on a condition a split rail fence or other permanent measure is to be installed along the 25t no activity area across the rear of the property that is all Mr chairman for Jon gambone file number se80 2767 what do you think Sean any problem with the SP ra fence of the boulders I mean I can talk to her she may want to do a decorative wall or something I'm not sure that okay no I will say are similar yes demarcation just some permanent correct no problem all right do we have any questions from the table no any questions from the audience all right no questions looking for a motion please so I'll make a motion uh to approve pending boorder of Health approval and the installation of some type of permanent structure to demarcate the LI of the work second all in favor all right that [Applause] was he probably has handouts but I'll beat him to one next here is from Martin Keller notice of intent 216 cabs NE Road sand nourishment on existing uh sand area on a Coastal Bank Riverfront area flood zone Beach thank you Locus pictures and green card yes it is Mr chairman this is basically an after the fact yes good evening for the record my name is alanu I'm a professional civil engineer for this hearing I'm representing and Martin Keller worn a house at 216 cabet Neck Road on the shore of the Westport River East Branch there's an existing Sandy recreation area at the southwesterly corner of the property which was eroded by the severe storms in December 20023 this area is within land subject to Coastal storm Flowage flood zone and Riverfront area Lany and Martin renourished the land with clean sand to save an existing mature tree and restore the recreation area I provided the commission with an Alternatives analysis and the site plan for this project dated September 10th 2024 I put the plan up there on the on the board also Lany and Martin meller proposed to repair an existing wooden stairway on the Coastal Bank shown on an exhibit that I've given you entitled wooden stairs on the Coastal Bank to be repaired dated September 26th 2024 we respectfully requ re commission approve the renourishment of the Sandy Recreation Area and repair of the wooden stairs at 216 Cadman NE Road the D file number is SE 80- 2768 and I'm happy to answer any questions so this is for sand put down it's not for more right correct well although it be good for three years correct did they what kind did they use the right uh type of sand uh clean sand uh I don't know it's not it's not on the beach it's on the Coastal Bank it's a I can see if I saw my B I had my sunglasses on sry so bright all right uh any questions from the table I think Chris was going to read his report I'm sorry Chris I hate to cut you off I know you were looking forward to that you just want to get out that's okay I'm just trying to be efficient don't blame me that road looks nice to drive on late tonight zipping home M Kella 216 cadman's Neck Road this is an noi and an after Thea noi for enforcement action that was taken as the chairman referred to engineer of record is Alan heru uh report date is October 1st 2024 um there is a file number but apparently I didn't write it at the time I think we got it in afterwards sc8 2768 2768 Mr chairman thank you site visit was also on October 1st 20 24 description of the work the owner was issued an enforcement order for the placement of sand in the riverfront and land subject to flooding without a permit the after Thea noi is requesting the allowance of the sand placement I would condition that any future placement to be approved by the office prior to use as the chairman just referred to um sand is supposed to be compatible with the existing conditions uh given the make and the grain size so this in this case Allan is correct the sand was placed above mean high water and there was existing sand in this area as we already know but um the chairman again is correct it's a yellowish sand that normally over time starts losing that color but when you first see it place it does uh notice itself right out of uh the landscape I don't have a problem with the addition of the stairwell I'm glad Allan did bring that up before they did initiate some other activities but this is a replacement of stairs in kind in the same location um for them to access that lower reach of their lower Beach area um that they have in front of the home that revetment and stone structure was previously permitted um so that isn't a factor so my motion to the board is the Westport conservation Mission should lift the enforcement order and motion to approve the activity with the conditions that a sample and notification to the office of sand uh be provided before any placement on the property uh the sand must be of similar grain size as the existing condition and also add the addition of the wooden stairs to be repaired in place uh as the existing stair location no expansion proposed that's all Mr chairman any questions on no any questions from the table any questions from the audience no as far as the S goes that's you know you know routine I'll tell I'll tell know a lot of time people buy the septic sand because it's cheaper but it's not really what you finding the river not that I know of anyway right um all right looking for a motion then I just one comment I it just it doesn't it doesn't sit especially well with me they obviously knew when they dumped all that sand on there that they should have con some form of a process and they dump sand that we probably wouldn't have allowed had they gone through the process right and now they come in with a you know noi after the fact I mean my gut tells me that they should be removing that sand begin the process over again install the correct sand and then we would kind of voted in in good conscience yeah but this is this is sing that's not on the beach it's on the bank it's still it's not saying that we would have it's not saying that we would have Chris ever would have told them was okay to use right and and they they didn't put that sand there that help save that tree that tree was there for the house and you know so I I just want to call it Spade of spade it's a lot easier to vote things in with a clear conscience when people follow the right procedure right all right that's very well said anybody else have any comments or motion before fling didn't used to have performance standards and you bring they add it some what are the per for they haven't initiated those new changes yet that they had um discussed for land SE the coastal storm flow that I am aware of they still were in a comment period which I think they're pretty close to making those finalize but um I think it mostly had to do with not allowing structures to be yes correct and and the potential sea level impacts of rising okay well to move things along I I will move um that the commission lify Uh current enforcement order and approve um and after the fact notice of intent regarding the placement of sand um and uh subject to the condition that any further such activity would require prior notification um to the agent and that any um additional material there be consistent uh and approved by the conservation agent and um that the also that wooden stairs which have been proposed to be repaired in place uh would be approved but no additional expansion of the stairs would be allowed all right thank you Phil do you have a second second second Kevin all in favor I oppos I is that oppos oppos okay so Jason opposes um everybody else is in favor yeah I will write a letter to L and Mar to specifically state that and clearly and I'll copy Chris so that there will can be no doubt there can be no question that they need to you know they have property that's within your jurisdiction and they need to understand it's is townwide it's a it's a Sur slope you know if the word gets out hey do whatever you want and then just there got to rubber stamp things after the fact I hear you why have rules I hear you thank you all thank you have a good evening good night we have Dakota Dakota aonso notice ATT parcel 2 Old County Road se8 2761 construct single family dwelling garage septic provide driveway and deck in the buffer zone do you have your notification cards this a contined chairman oh okay all right I have no no that's fine that's good great Dr back engineering representing Dakota conso um as requested at the last meeting we have made the revisions the following changes to the plan um first off we stay right here but I'll point it out um first off we changed the drive it was asol we changed it to gravel so that' be more perious also added a uh red everything so it goes down to this landscape infiltration Basin um so that all the water doesn't go into the road it goes into that infiltration Basin and um um we provided a construction cross-section to show what the walls are going to look like um added split rail fence at the top wall to uh more of a safety precaution and split rail fence along the no activity Zone in the backyard as was requested as well and we did move the well away from the no activity zone so that we can prevent any trees that are close to the activity Z from being taken down by the well reg questions you may have I'm like take I don't have a I thanks Mr chairman Dakota aonso lot two uh this is adjacent to 4290 County Road this is a continued hearing of a notice of intent filed by out back engineering report date I didn't change this but it says September 12th uh 2024 the file number is SE 02761 um detailed description of work the applicant has filed to construct a single family home septic driveway and well in the buffer zone on pre-existing parcel the lot has been existing for many years and remained undeveloped adjacent to 429 Old County Road the Wetland line has been adjusted and shown all the changes requested by me uh Westport conservation flag 63 through Westport conservation 10c the Wetland contains an intimate stream that flows to the east uh this single family home is proposed 40 ft from the Wetland edge with the project maintaining the recommended 25 ft setback from the bordering vegetated Wetland again this proposed site is small and requires significant fill to create the level area for the home and driveway two retaining walls are shown designed to allow the fill and maintained setback to the Wetland the applicant has provided a permanent split rail fence around the site at the 25ft no activity location the applicant has also um added that split rail fence along the top of the wall for protection um in addition a drainage area has been added and details showing its designed to infiltrate and eliminate runoff onto the old Cony road which is a concern that I had I didn't catch that it's a travel driveway but that also would lessen the amount of flow going out to Old County Road um the last thing that I was hoping you would address was the structural concerns for the Stacked wall and um it's going to require a structural stamp so not that it's specifically something that we do need but it's going to be required of the applicant during the process with the building department um he governs the heights of those type of structures and has a permit requirement for that so um I I was hoping that I did talk to Dakota is he here he's here you couldn't get a stamp um from what I'm told it isn't 6 high so six doesn't need one is it six and over that needs one correct you may be correct again I'm not I know it is within that area so I I'm willing to accept that Mr chairman um but again that would be finalized by when he files his building permit if it's approved this evening so again this is a tight lot they have met the requirements that I addressed at the last meeting uh although it's limited in its area it is a pre-existing lot um and and again they have maintaining this 25 ft no activity um that we like to prefer on new house construction so given that the Westport conservation should consider approving the revised plan dated September 26 2024 for the single family home well retaining walls Eng grading in the buffer zone with conditions that the permanent barrier must be installed along the 25 no activity uh and at the street um basically the drainage area the storm water base and at the street I'm sorry would be the final condition all right you have any questions regarding think it got cut off okay any questions from the table so has it this been before the Board of Health this was submitted actually they had a whole bunch of questions and thing and we revised I should know I just don't remember I don't know if it's been approved by you at this time but I know they have been kicking it around because his revisions do mention Board of Health comments okay so I guess either through the direct he may have I didn't remember perused it quickly for in order to make it more um supportive of your vote at your meeting okay yeah we did a storm water report for that and the storm water checklist was all part of that okay that that was the one thing that I was going to make mention of but okay yes so that was we should we can just make it a condition in here correct approval of Board of Health yes yeah okay sorry I should have includ it's okay no problem anybody else have any questions have table you guys all that all right if you would like to speak sir or ma'am you feel free to come up here just state your name for us and may ask a question more questions hey good evening uh my name is Fernando gouard and I live at 455 World Cil road which is adjacent to the Wetland lot that is between the proposed uh property and my house um I've had issues in the past with flooding in my Celler uh I spent quite a bit of money making sure that I took care of what I could take care of uh I understand and heard that there's going to be some proposed changes you know regarding where that extra water is going to end up that's going to be coming down that Steep Hill that they're going to have to build to put the house on um I also heard that you don't want the water to go out into the street which I understand uh so my question is even though I heard some conversation about drainage uh could someone explain to me in a little more detail where that water is going to end up if it's not into the current Wetlands which is what I'm afraid is going to put water into my seller of my property now I did a little bit of reading regarding the wetlands act and one of your U responsibilities as you know better than I do is to make sure that flooding is not an issue because of any decisions that you make to allow uh ordinances to go through that need your approval so my concern again is if I haven't had any water in about 15 years if I end up with water in my seller who's responsible for that is it the people that are doing it now is it the new owner uh is the commission going to do anything to help me out or is the time to do that and help me out now and make sure that there's minimal additional water flowing into to that Redland most of the water is supposed to be kept on site and infiltrated into the ground it's not supposed to be flowing offsite but Chris if you want to this through the chairman this is a single family home so they're limited on what type of storm water uh designs they required under the wetlands protection act they are also incorporating infiltration of all their roof runoff into a dryw system which just puts the water below grade and and again it's going to flow towards that Wetland that's where the water flows towards there is associated stream with this Wetland that brings it further through and downward towards the head of Westport the Board of Health has an additional requirement for storm water management that is incorporating for the amount of disturbance they do on the site so he still is yet um again I believe he meets their requirement but he has not gone through that final thing for the approval of the septic and when whatever other additional storm water measures they want to put on addition to that we've had them change from a pave driveway to a gravel driveway and also they've Incorporated a storm waterer Basin right along that shoulder between the roadway and the Wetland which is going to have Wetland plants in it it's going to be in essence a drainage basin where you allow the water to sit and I'm sure there can be storms or that may overflow that that's something that we all may see with the exceedance of some of these so this isn't designed for a 100e storm this is designed just for a single family home so this is different than like you would see on a roadway development where they need to have their R runoff calculations less than what it is now they can't increase it has to stay the status quo for a single family house and not subject to that so in my professional opinion I don't believe that this activity would adversely affect you but then again I mean there's a high water table on this site the activity they're doing is displacing some of that water that may have sat in that soil a little slower and now it's moving a little quicker um but again the gradient between you and him is going the other way so I don't see how this could attribute to you this is going in a wetland and flowing away from your property no it's going downhill toward our property yeah yes but the Wetland flows this way so your property is immediately to the east of this property so the wet Wetland is Flowing to the South Southwest Southeast so it's flowing may it be flowing by way of into that Wetland which a wetland is it is still heading away from your property so it's not flowing under a pipe through your yard or anything along those lines correct so there is again this is development um we're trying to make the best measures we can and I think the applicants engineer has has done that with this design okay so there's nothing really that I can do other than to appeal if you could appeal this decision to the DP within 10 days of our decision or or whatever the board votes tonight correct and I can guide you through that process if that's something we so choose to do okay okay thank you you're welcome I'm with him andart 455 um years ago I was involved in a septic system that failed in my home because inferior fill was used and the whole thing failed and two years later needed to be repaired and completely replaced what guarantee will we have that any buffer or retaining wall or the fill will be of good quality that's going to support this extra water um it's just we know just watch TV you know that water always finds its way I have a friend right now on Whata Pond build a big big beautiful expensive retaining wall it's tipping over it's caving in water always finds its way we're talking downhill toward the Westport River and that's a concern for me I did call the Watershed Alliance they said they would be looking into what impact this might have on the river so I think that's also a consideration that should be here I hope the people who are buying that house know that right next door out their window is going to be another house I mean I I don't know that's none of my business but I hope that's going to be the case because it just seems that I know that it was an existing lot however for the benefit of the environment the wetlands the whole water said that this is something that really we don't need we don't need this extra house I mean I know it's financially solvent for whoever's putting money into that property but why I mean what's our decision here well our decision is based on the The Wellness protection act so we don't we may not like the house we may not like the project but that we don't have a right to deny it based on it we have to go by what the Wetland protection access now mind you we're not going to see this house at all from our property we're not when we look out our about the impact our kitchen window we're not going to see it I but we've also lived in that house long enough to watch water flow down the road as a sheet of flood water to the river we've seen that numerous times in the springtime we've seen active streams going through this land we're flowing flowing streams okay I mean you know this is your this is your calling this is your responsibility as conservation not mine you know I would just like to oppose this with my opinion and say that I don't think that it's environmentally sound plus we're going to get water maybe in our basement which we don't want to deal with but the overall thing we're we're thinking about our community thank you got any more comments hello Lor am in 513 Old County Road I just want to state that I I realize that there's a lot of Grandfather Lots in town I totally get it they've been approved even though they don't need the guidelines of today but I think this exit and taking a lot that's extremely deep and proving it with so much fill and huge retaining walls does not really fit in the character of historic area head of West I know that's not your say but environmentally and the the impact and the aesthetic impact of this kind of construction has a negative effect on the entire area ahead of Westport we approve a lot of projects that we don't like I know and you know I I can't say that enough but it's just you know it would be nice if the town could somehow some have some type of architectural oversight at some point we go by the guidelines to us and that's all we can go by I know okay thank you toate my opinion we appreciate your opinion anybody else want to speak there's no other comments we're looking for a um a motion on the uh lot to Dakota what I would well I just wanted to say um to the um person who spoke before the last person I think that um the Board of Health as reflected in the comments is taking a look at that as far as what the construction of the septic system will be like um you know we largely rely on representations that Professional Engineers make um and but we also inspect property during the construction process and um anyone who uh wants a final approval for us has to a certificate of compliance in which again a professional engineer says that this septic system in this case was constructed in accordance with the plan that we approved which would include um what the character of the soil was for example um I mean we wouldn't be regulating um you know the U retaining wall I think that's something that the building department would have to do and make that determination based on what the engineer was saying you know the the nature of the soil would be and we're both looking both the wetlands um agent and the Board of Health agent are going to look at the storm water issues but it is true that we're only going to look at to the extent that that property has been altered by the construction which is why Chris was saying all the um storm water from the um structure the roof is going to be captured and infiltrated into to the ground um you know but if the natural slope of the lawn for example or some other part of it was flowing that is um beyond our control and generally speaking the regulations don't um look at single family homes to any extent that they would you know if this was a um you know a multi home development project um so I think it's getting a fair amount of scrutiny and the applicant has responded to that we're going to look at it again at the Board of Health for the issues you know that you know that that you've raised and I mean based on what I heard Chris say is that um it's going to flow into the Wetland but all that you know all that groundwater that's flowing into the Wetland is going to end up in the Stream which is Flowing away from your property so um so that's why I feel you know reasonably confident that this shouldn't have um affect the concerns that you're raising you know um but we are constrained by what it is uh you know what the regulations say and if you tell somebody you can't use your property at all then the town has to come up with a paycheck because you've confiscated the person's property and constitutionally you can't do that so you have to work within the framework that we have because otherwise um you know it's illegal okay I just com yeah okay this is with regards to um what you're stating about the wetlands um living in 10 years at the head and the water table is like that deep up there and wetlands are not stoic they don't stay in where they're saying that there's Wetlands my my property is proof of that the wetlands have been inching into my property over the years so just because you have Wetlands now and you're going to be having more water going into them that doesn't mean that they're going to overflow and affect neighbors the roadway and other things and I I'm just from the um construction that was done over in the solar farm it has changed a lot of the water flow um on my side of Old County Road so there's a lot that goes on there and over the years with the amount of rain that we've been getting um I think we could all say that you know the water there is just rising and the wetlands as you see them or how they were called out maybe years ago is not what they are today they're definitely spread further and um would have a bigger effect on the surrounding properties but if more water is focused into them which is what I've experience from the drainage of the um ponds over in the where the um solar farm is right it is this natural phenomenon that the more water you add the wetlands will right expand to address that but that also means you'll have plants absorbing the water too you know that's why they're moving there that's why why that's that's why that's why they go there yeah but all the wetlands have been delated you know defined currently we don't rely on whatever the uh Wetlands demarcation was 10 years ago someone's gone out and Chris has gone out and inspected the property and confirmed that the wetlands are where they are right you know right now in 2024 the last you know so anyway but you know I invite you to come and attend the Board of Health meeting and um and I think the agent there will be able to explain more about the um what the Board of Health did with the storm Water Analysis that's required under their regulations and you'll see me again all right do we have a motion or any more discussion all right so want going to break the ice is that the idea you like to talk so I mean give the guy a break you want a roll okay well I just wanted that people out here to he just understand what good at explaining I agree 100% F okay all right so I will move to approve the plan um uh dated 926 um 24 for for lot two um next to 429 in Old County Road um subject to a permanent barrier being installed uh 25 ft um to establish a no activity Zone uh waterers a storm waterer Basin be installed at the street which I I assume is reflected in the plan and approval of the septic system and the storm water controls by the Board of Health very good I second that thank you br all in favor all right than thanks Greg than [Music] you okay so next um thank you thank you I'll handle these two because they are the chairs and Neighbors on San P Drive there's only one with doing scratch one oh two yeah one's being scratch CU it's a superseding so so the agenda it's 819 that's going to be heard 81 okay the other one's superseding and they were informed they have to go to the state for that one okay this is uh Donald reposa Sandpiper Drive certific compliance correct this is Donal OS a request for a certificate compliance I'm not sure the address I didn't write it it might be uh what's the address n nine Sandpiper Drive certificate of compliance request for sc80 8819 uh the circumstances with this COC was that it was already issued back uh many years ago but it was never recorded and now there's a second owner that uh needs to clear this title within the registry of d s so this recommendation is to the commission is to reissue of a full certificate of compliance uh for 9 Sandpiper Drive to a Donald reposa file number SE 80819 that's my recommendation reissue of a previously issued order uh certificate of compliance rather all right any discussion or questions if not may be a motion I move issue certificate of compliance 1819 second okay B and Kevin all those in favor all right opposed all right I don't see sign what's that I don't see a sign oh there isn't one in there I don't see a signature sheet now all right I'll go get one is there one there's only one there right is uh this an extension that's an extension why don't you do that one Mr chairman while you signning it I'll run upstairs I was that right so sit on this one yeah all right we have an extension for Bernard Maloney se8 2395 174 East Beach Road correct Mr chairman Bernard Maloney 174 East Beach Road has requested an extension for 3 years to his property located at 174 East speach the file number for this project is SE 82395 uh the applicant is filed in accordance with the regulations 30 days prior to the expiration uh this is for Beach nourishment at the property located on the ocean side of East Beach Road recommendations the Westport Conservation Commission should Grant an extension for 3 years to Bernard Maloney for file number SE 8023 95 for Beach nourishment all right you have motion I'll make motion to issue with threee extension okay Jason made the motion we have a second thank you br all in favor all right that's G we can go over bills East B media for advertising $123 looking for a motion to pay motion from Kevin second from stason all in favor all right that's unanimous say Jason the illustrious Vice chair minutes from 9917 let's see who was present uh open by Vice chair Jason Paul Jason Bon Tom and Chris okay we can't do that because we don't have enough people there for that minutes from 611 that's not going to happen Okay minutes from 93 we have present Jake Kevin Paul Tom and Burton that's not going to happen Okay so we have uh two emergency certificate forms here which I'm going wait for Chris to go back CU I'm not sure what they're for the's Downy certificates scratch one for the town and I will read the other one Mr chairman all right so the certificate where're looking at now for richond pond Outlet correct road Mr chairman um um the season was very detrimental to the area of Richmond Pond Lane uh they had numerous uh days with the road was inundating the access to several homes along that stretch um on two occasions the town through this commission allowed them to go in there and open up this um outflow of Richmond Pond uh to no avail because it's the storm came subsequently and silted in what the equipment was able to do that the town has which is limited so the applicants are the members or the owners of Richmond Pond Road and cooperation with two land owners um it's uh Dave Magna that owns the Atlantic Beach Club West and the Westport land conservation trust uh um you know with Ross Moran um taking lead on that we have both been to the site we've agreed to what is to be done this is a 10 to 12T wide outlet that will be excavated from approximately the exit of the pond that is existing um in more of a linear fashion towards the mean high water um location and approximately where that sing and snake like um existing Channel outflows I believe that this will be a short-term measure to help aid uh the land owners I have stressed to them that they need to consider alternative and long-term measures this is not something we're going to be constantly doing this Pond has sustained itself for many years it creates a flow in the fall and it busts open with a tide and a moon tide and the Herring come flushing out of the pond naturally means on a few occasions during a drought season um I believe the town went in there initiated some efforts to try to relieve that um again this is a temporary measure to excavate an outlet approximately 10 to 12 ft wide one foot below the Pond's height approximately 400 ft long headed to the edge of mean high water the excavated materials will be spread and graded on both sides of this trench no sand or material is be left and in our location of where they're doing the work we designated this little finger of of um Dune that comes across that has Beach Grass so Lenny is understanding we're trying to salvage that area and the land trust also is considering planting some of this come spring uh to enhance it so this is again uh hopeful that this will allow the pond to flush there is a sandbar that has created itself at the mouth of that Richmond Pond from where the town tried to do work and again we couldn't reach so Lenny's machine will be a large excavator and a small Dozer will be the two apparatuses they will access the beach from the uh CK Beach Club parking lot this is a public safety concern for the Commission in the longterm and the emergency process allows us to consider it under those guidances so ambulances fire apparatus is in oil uh deliveries were uh not able to get to these dwellings during uh quite a few weeks um on this winter so again this is a measure to try to help these people and hopefully uh it works for a little bit of time to to lower the pond and allow them to uh be able to continue to utilize that roadway so this will be a 30-day issuance of a permit Mr chairman from the 10th of October to the 10th of November um I would ask that uh the motion be made in in accordance with somewhat of description but basically the motion should mention that is for a public safety concern uh for accessing of Richmond Pond Lane that is all Mr chairman do they need any approval from the state or or no in this case no the emergency gets forwarded so once I issue the emergency I'll forward a copy up to D okay so has this not blown out the way it normally does this year no since since I've been there I haven't seen it after this rain but I would say it probably didn't bust out yet but we did have a moon tide too so I'm curious on how things have transpired but right up until this no it has not that channel has been dry and there is a sandbar right at the entrance of the P the exit of the pond um there's fragm mighties too that are constantly causing some restrictions but this historically this Pond has always had this s fashion and Manner and in my professional opinion Mother Nature will not like straight linear lines and she will change what they propose over time so this long and linear thing will now it's going to dictate what it wants to do it may fill it in it may recreate another Channel afterwards so this is something that again we all understand tital influences can change um in one event can manipulate all that they've done there but at least I mean for this year it drops the water it's going to flush that pond out theing out of there and it gets what is waiting to go yes and in the meantime as I said again for the record this is a temporary measure the people and the land owners along Richmond Pond Lane need to get some engineering done and consideration to Road uh raise their roadway in some effort they need to do this um in accordance with the regulations and and try to work um with those to get something that will help them alleviate this in future I've seen that out that flowing a number of times probably has been several years but uh it's been awful dry this summer so when did this occur this high water earlier this year it happened in the storms of January December and January yes where and then the rain never got the rain just kept coming right into the spring so they had water inated across that road for I'd say at least 3 month months if not more where you could go through it but we're talking you the cars had to drive through and sometime it froze it was an icy mess yeah so several years ago I was working on M Vineyard and there's a very similar situation this South Coast Martha's Vineyard some good sized ponds separated by a barrier Beach from the ocean they clear out the the outlet with a big you know back whatever every year it's a routine thing there right right well I'm not saying this can't be a routine thing ber it's just that we're specifically Richmond Pond Lane is a private road it's not a Town Road so this is actually 100% a private concern and not a town concern so the town has been very cooperative and made measures to work with the land owners to get in there to try to help so that's where I'm trying to stress to them that this is not a public way it would be a lot different if it was a public way there could be the town could maybe make certain measures but in this case it's entirely private um and and these residents aren't necessarily here all year round but that doesn't behoove them to be able to access their property so I think it's important that we uh let them know that we're working with them and if this is something that maybe we have to consider um then maybe we can work it in as a maintenance thing through uh the local land owners all right thank you Chris I'm sorry Sor um and so your recommendation is to go with this emergency order I guess right rather than having them file an noi well the noi would right correct correct this is more of a levation get it done and allow it to flow and let Mother Nature take its cost um so are they going to come back with an ny for future they may need to I mean again these land owners aren't going to continue to allow them to come across their property um and the land trust is basically in the same boat that things should be happening naturally not necessarily manipulated so the window would with plovers it makes it difficult in the spring because plovers come April 1st you can't do anything so that's what also stalled us we could couldn't get in there cuz the plovers nest right in this vicinity so that's also something that complicates this whole matter well I think if that if it isn't a One-Shot deal that is if they come back and they want to do like a regular maintenance and you know that they it should be through an noi someone should have a plan that we're looking at and talking about the various issues that you know the contingencies that may come up and and how to handle them you know because um that'd be just the right way to do it right well just for comments to that through the chair the outlet was flowing right it's just the outlet wasn't flowing at the volume of what was coming in so what happens in that case is the pond exceeds its banks and starts expanding even though it was rushing out as fast as it but again we were having days and days of a excutive rains where the 3 days lady is still having that runoff accumulate into the pond from the feeding streams so that's where they were they no sooner did we get it starting to flow out and get an equilibrium we got another rain event so this year kind of just was very unique in that case so I will relate to them that it it's time for them to maybe consider a permanent notice of intent as we do for East Beach and along those lines right because it would have been different if they were just clearing out the existing stream in my mind I guess you know or even that if it was going to be annually then we've we've had people come in and say this is what I want to do or under these circumstances I want approval to go in so I don't have to come back every you know every time you know a certain rainfall condition correct whatever I think it that's all and again a stream never flows straight you can see what they've done for the Eerie Canal and and all measures in the Panama Canal unless you Shore it with some sort of uh hard structure yeah uh this is just going to collapse on itself and so I will say that I think Mother Nature will make it more of a Meandering look to it than than what you have in this proposal eventually right thank you all right yes that's that's good yeah this is fine for emergency but maybe in the future they should just have more and and I would motion that that that the commission will allow the emergency but future they expect a notice of intent filing I have no problem with that all right who wants to make the motion I'll make a motion to um issue the I guess call the emergency certification uh with the understanding that they'll follow up with noes of intent and a long-term plan and just for the record mention that this is a public safety concern concern thank you thank you second all right all in favor okay does Lenny know when he's going to do to work he's yeah he'll be doing it within the next uh week or so so we're all done with our our build and stuff first so unless you have anything else you want to discuss yes I have one other thing I wanted to two things I'd like to bring before you um I was very lucky to go on a cun brook trout sir a and Angeline Brook with Steve Hurley from the fish and wildlife uh department and a few of his other um Fisheries biologist this was a survey of Angeline and Snell Brooks um unfortunately it wasn't as exciting as I'd like to say to you but there are trout still in these streams uh Angeline Brook we only found one and and Past Times well Steve is talking from the early or mid90s there were 50 to 100 in the same stretch so drought has become a serious Factor Snow Creek on the other hand was a little more healthier we found three um now if you saw where these trout were you'd be totally amazed they they live in such a small area um Snell is surprisingly was almost six well not six but I'm sure got I'd say just to the top of the weight is deep and and cold what a difference in temperature Angeline had there's something changing in Angeline we found a lot more Piel uh thread FR Pickel which are more warm Mor species and they and they're not necessarily a competitor trout but they would obviously eat whatever they can so Angeline lastly is ran through a drought all summer long we just got an influx of Colder water from these rains so these trout or this trout that we found were all younger the year so there obviously are older trout somewhere that may have went down to the Estuary uh we got to remember these trout can have that ability so fortunately they are still sustaining themselves um but this is how quickly one of these streams can be decimated these are very unique populations that where they don't have the replenishment they're done there's no way to bring them back so I'm just bringing that for informational purpose this was an electroshocking um it doesn't harm the fish it's a method where you send the current through the water stuns the muscle in the fish and they roll up um but again we found a lot of eels uh crayfish um pumpkin seed uh so so and mummy chugs were in the snow so it it's kind of was pretty neat to do um again that's only just two streams so uh there are still hopes that the East branches has those other Kirby and some other unnamed Lions Brook it has a few so that is just for the commission's uh knowledge and uh Ang line we went up and down so from Cornell Road we went upstream and downstream okay so we found the trout Downstream though no trout were found Upstream how far did you go Downstream we went 100 yards 100 yards so we didn't go all the way to the marsh of the or to the wetlands that dump into the the river and we only went 100 yards up from so we maybe could have gone further and found a few Pockets but um some deeper pools down there yeah so again so there still holding on but uh let's hope that the weather prevails and we don't have these they're really susceptible to the trout uh to the drought and when we have these drought conditions the water temperature they just can't tolerate it and in some cases they're able to find these little niches where they can hide it out but if it's too long of a drought obviously it it they become predated and or either decimate from the heat um the second thing I wanted to bring to your attention was we got numerous calls on Fall River Rod and Gun Club Fall River Rod and Gun Club initiated some cutting um on their property now Far River Rod and Gun has been a tremendous Steward of Forestry and open space um in the history of the club that's been there for many many years um they have in a problem with disease trees and branches falling within their course work that they have for archery and Sporting Clays and they concern for the public safety of these falling limbs so they got a forestry guy in there the problem is their forestry cutting plan has expired so I've informed them that although they've done some work they need to get to a state uh Forester application to the state Forester rather and I don't think it would take long for them to get the approvals this requirement is for the removal of 50 more a cord of wood they are nowhere near that at this time but I think in a general sense they may get close to that um with what they were anticipating so again that's just for your information I have discussed this with them through the chairman got me some phone contacts were able to make me get uh properly in touch and they'll be working towards getting that finalized uh forestry cutting plan so again I just want to make the statement that for of gun has been a great asset to this community and I think this commission should fully support the efforts uh to make sure they maintain that area as such uh forever so Mr chairman that is all I have for you tonight they announced that they were that cutting they announced on social media they have they're having some Tres they've having some trespassing issues and it alleviated these complaints to where a land owner neighboring land owner yelled at The Cutting Crew and went out there when and was totally claiming ownership and and so they just wanted to put this out there that they yes they're doing work but it was initiated by neighbors that were claiming there was some concerns so they were trying in the same time the neighbors complain that they're doing it so they're working through that but again this is entirely within their property it was not on anyone else's property it's not within the pond area it's all within their interior um courses if anyone's ever been there they have and they also have the old camp sites which are down on the Northerly Peninsula um which they were going to take a few sections in there but all these paths are used for their um course for Sporting Clays and archery um so again I think that's a good thing for them to maintain those disease trees they also have a terrible problem with the beach disease they have a lot of beach trees that are totally decimated which they probably may need to take some of those as well so Mr chairman I yield that's all I have anybody else have any comments or anything else you like to say before we close the meeting well I just wanted to mention because I I'm not sure everybody knows but I think that the uh 48 hour water test right for Mr Cory's Wells has been completed I didn't hear it got completed but they were running it they were running it and there that was several days ago when it started it was at the 10 hour I forget what he had said I did not get another email after I haven't I haven't I haven't heard back you know from that um you know with the results but I just communicated to Chris that um I thought that um we need to prepare um for what I assume would be um a quest for us to approve operation of the well and I won't go into it now cuz this mic is obviously made me talk much more than I usually would so but didn't we originally was we had asked them to do it during the dry season um back a year ago that was that you know that was our position but um and uh you know I what's that expression the horse out of The Barn at this point I mean I think if we had take if we had wanted to take that position then we should have told them not to run the 48 hour test I I think not that it's impossible to say well we're not going to accept the results but I um I think that well I think we need to consult with George Campbell once he looks at the results um it was in a good faith effort I may say for them because they heated our concerns and the Buzzard's Bay so they did go and put these other additional monetary things in they they and then they did they did everything that we had asked them to do you know whether or not they could have done it in August rather than at the end of September you know when it was drier I think um you know is a question it really does depend at least I thought that it would depend upon what the what the results were so that's one part of it what we do with the results and how we want the just is a matter of process that information to be presented to us the other part of it as Chris pointed out is that the um restoration work hasn't been done and the question I raised is can we um what Authority do we have to require the restoration at least you know be commenced not wait three years you know until it's you know uh established but commence before we would consider approving um you know the operation of the of the wells but um I just didn't I just didn't want Chris to suddenly be hit with these reports and said okay now let's just let us go ahead and operate the wells I I think well we were very specific in our approval which also was pending a superseding right that that we wanted an operation an noi specifically oh good to turn the Wells on okay well that's so what our approval was in this case was not the operating of it was only determining their adverse effects that they may have so we did all very specific that that streng that strengthens our you know our position on that so thank you yeah so I I think we're just waiting for the information to come in and then I think you know we should OB you know I think fish and wildlife people and and George our consultant can both take a look at it I know that Buzzard's Bay Mark will be looking at it and we'll see where we go thank you so when when um when that applicant comes back in um is he he's not currently practicing law so does he come back before as as the applicant or as the attorney representing the project I I don't again he wouldn't be the attorney representing of the project he would be an applicant uh you know Mr Cory still has interest in that property he's a part owner in that property so he simply could be the aant yes so he can't represent any of the the um the legal side right he can't he can't practice law and and and any sense along those lines yeah but yeah all right a motion to I'll make a motion to adjourn second second thank you all favor thank you