Conservation Commission Meeting October 3, 2023

okay um so Nat Joe Patty and myself we now have the Bare Bones minimum for our Quorum hi Nat good evening evening all hi n and so what we're gonna do is we're gonna start the meeting my according to my clock it's 7:02 and this is the meeting of the Dartmouth Conservation Commission for Tuesday October 3rd 2023 and we're conducting this meeting remotely as a result of the governor on March 29 2023 signing a further

extension for the hybrid remote meeting options for municipalities um Governor extended that option until March 31 2025 um this is a public hearing which is accessible for live interactions there's a raise your hand feature at the bottom of your screen hopefully and if not we've had folks just wave their hand um once you're recognized you'll be unmuted uh and you can then speak to the

issues that you want to on whatever topic we're on uh I will point out that um if you're listening and not speaking please keep yourself muted so it'll reduce the amount of background ambient noise and let everyone hear more clearly what's being said our first items of business are administrative and the first will be the approval of the minutes of the September 5 2023 meeting so moved we have a motion on the

floor do I have a second second we have a second on the motion roll call Vote pattty Yes Joe yes Matt yes yes and I'm a yes that motion oh Jim Jim's here so Jim yes yes so that motion passes unanimously the next item of business is the approval of the field trip reports of September 19 2023 can I have a motion to Second have a second on the motion we

have a second and motion on the floor roll call vote Joe yes Natt yes Jim Patty yes yes okay and I'm a yes that passes unanimously yes thank you Jim um our third administrative item is receive the minutes of September 19 2023 may have a motion to that effect please second second on that motion we have a seconded motion before us a roll call vote Jim got a long delay here

Jim all right we we'll come back to you Nat yes Patty yes Joe yes Jim are we ready yes yes a yes and I'm a yes that motion passes unanimously that concludes administrative we're now going to field trip report and the first is a request for a certificate of compliance on D file 15- 2459 From Dawn and Stanley stop second for work at map 8 lot one that's known as 892 division Mark what's the

recommendation of staff on this request Mark has been completed in full conformance with the plan of record and we are recommending the issuance of a complete certificate of compliance yes Commissioners any questions no I'll entertain a motion make a motion uh to Grant a complete certificate of compliance for D file number 15- 2459 that a second that motion second all right we'll do a roll call vote Nat

yes Patty yes Jim yes Jo yes and I'm a yes that motion passes unanimously the second field trip report is also an extens a request rather for a certificate of compliance it's on D file 15- 1728 from Steven Spiegel for work at map 87 Lot 2 and six that's 238 Little River Road Mark staff's recommendation on this request yeah I'm going to make a general common for this request and the next one

you recall a few weeks back we voted on a certificate of compliance for a seaw wall part of the same properties properties being sold there were several open orders of conditions we closed open and expired uh we closed one there were two remaining so those are the those are represented by this item and the next item uh relative to the septic connection from the garage to the house

all was done in compliance with the plan staff is recommending a complete certificate of compliance okay any questions from the Commissioners seeing none uh entertain a roll call vote on the commissioner's motion let's get the motion first make a motion make a motion for a complete certificate of compliance for D file number 15- 1728 I was second on that motion second you have a seconded motion roll call

vote Joe yes Patty yes Matt yes and Jim yes and I'm a yes as well that motion passes unanimously uh the companion is also our number three field trip report request for certificate of compliance on D file 15- 2111 from Steven Spiegel for work at map 87 Lot 2 and six and that's 238 Little River Road Mark staff's recommendation on this request yes this is a uh project uh some revetment work and Bank stabilization on

the inlet uh the outlet stream from the C yards through the property staff has reviewed the plans reviewed the site and makes a recommendation for a complete certificate of compliance thank you any uh questions from any commissioner seeing none of um I'll entertain a motion uh make a motion for a complete certificate of compliance for D file number 15- 2111 I have a second on that motion

please second we have a seconded motion roll call vote Jim yes Natt yes Patty yes Joe yes and I'm a yes as well that motion passes unanimously the fourth field trip report is an extension permit request on D file 15- 2388 from 4 Kings LLC for work at map 137 lot 136 that's on Milton Street Mark what's staff's recommendation for this request the commission issued an order of conditions uh to construct a duplex

home um this there was one extension that was issued but that kind caught up in the in the toal ping uh Provisions for covid this is a second extension and staff is uh recommending a three-year extension uh on this to October 7th of 2020 excuse me October 3rd of 2026 uh and I should note that we've done several extensions on this and this was caught up in Towing this is going to

be 10 years or greater it is a stream bank but the commission should consider that this might be the last one but uh that is for you to determine typically 10 years is a long time even for a pretty stable stream Bank uh but given the circumstances of covid uh staff feels it's appropriate to extend another three years very good are there any questions uh by any commissioner seeing none I'll entertain

a motion make a motion to Grant the extension permit request um file number 15- 2388 and to make the extension uh good until October 3rd 2026 we have a motion on the floor to have a second please second we have a seconded motion roll call vote Nat yes Jim yes Patty yes Joe yes and I'm a yes as well that motion passes unanimously uh the fifth field trip report is also an extension permit

request and this is on file 15- 2148 from James Sherer uh 508 fonts Corner realy LLC for the excuse me the oad at map 68 Lots two and five and that's 508 F Corner Road a Mark what's staff's recommendation for this request well well this is a uh an o that was issued back in 2012 um the first extension was granted uh to 2015 another extension was granted to 2022 again getting caught up in covid

there was the covid tolling issue uh so staff is looking at this it's an undeveloped lot these are streams and a veget ated Wetland uh again I would urge the commission to uh issue this extension to February 24th 2025 and uh we should consider this to be the last extension given that it's a delineated Wetland and not a topographic situation it should probably be red delineated and reevaluated at that

time thank you Mark do I uh any Commissioners have a question seeing none I'll a I I have one question I'm sorry um I have one question mark um would a delineation and a re-evaluation um on February 24th 20125 be included in this motion excuse me May 24th 2025 not February um okay thank you for that I may I may have misspoke before I don't know um yeah it doesn't matter um thank you

for the clarification could be my fault um but should uh my question is um should it be re the redelineation and re-evaluation of this uh be included in this extension permit motion I I I I gotta be honest I don't think that would be appropriate because I don't either if we're gonna say we're not going to Grant any further extensions then if the work isn't been completed um they're going to have to

come back with with a new request um for this um oad and then they'll have to do a new delineation to get that etc etc so okay I just wanted to specify that but I'm only I'm only referencing it so it's in the minutes got it thank you procedurally it has to be taken care of however the procedure requires okay I just wanted to be sure I was reading that properly

okay so um do we have can we have a motion to that effect make a motion for an extension permit for D file number uh 2148 um which will uh be until May 24th of 2025 have a second on that motion please second we have a seconded motion we'll do a roll call vote Joe yes Patty yes Nat yes Jim yes and I'm a yes as well that motion passes unanimously our sixth and final field

trip report is a request for determination of applicability from the town of Dartmouth for the roadway improvements in the buffer zone to a beach the buffer zone to a salt marsh and in land subject to Coastal storm Flowage it's on land described as map 117 lot 91 Sande gladus Hill Prospect and water streets as well as seaward Lane entertain a motion to wave the reading second we a seconded motion roll

call vote Joe yes Patty yes Natt yes Jim yes and I'm a yes that motion passes unanimously Mark what is the recommendation of staff for this request yes this is typical roadway Main M uh and storm water improvements in accordance with the storm water bylaw it's all work on free existing developed area it's the Milling of roadway installation of new curbing New uh patch basins and the like uh the only resource

area that is directly affected is land subject to Coastal storm Flowage there are no performance standards for that particular resource area everything else is in developed buffer zone so uh staff is recommending the issuance of a -2 determination with our standard erosion control conditions uh to protect the downg gradient of wetland resources thank you Mark uh does any commissioner have a question

comment seeing none that will now be appropriate for a motion to be presented uh make a motion for a negative two determination with standard erosion control conditions as described by Mr Garrett um for this project have a second on the motion that's before us we have a second in motion roll call vote Nat yes Jim yes Patty yes yes and I'm a yes that passes unanimously I was wondering if there was

hesitation here you had something wrong with this motion so we're moving on now to our public hearings portion of the meeting and our first and this is one of three so the first three are excuse me somewhat interrelated they are independent but somewhat interrelated um so I uh we'll read the first and then after I read it I'm going to make a statement so it's a continued public hearing de EP file 15-

2659 it's on the notice of intent from Potter Street solar LLC for a single family dwelling and a ground mounted solar panel array on the rear portion of the lot within bordering land subject to flooding and the 100t buffer zone to bordering vegetated Wetland on land described as map 138 lot 144 it's on Potter Street uh entertain a motion to wave the reading so move second second

seconded motion roll call vote Jim yes Natt yes that was quick Joe yes Patty yes and I'm a yes that motion passes unanimously now the comment I was going to make is we may as well do the entire presentation on this particular public hearing so a lot of the comments are going to be applicable to the second and third matter and I don't think it would be uh in everyone's interest to repeat

what's said in the F in this particular public hearing again except to say those same issues are applicable if anyone disagrees with that I'm more than happy to hear about it but I'm just trying to speed along the next two um I I I think that's wise okay I don't see any of that alrighty so on behalf of the applicant this evening good evening uh Mr chairman for the record Christian Fallon principal

engineer and president of Fallen Corp also the applicant in this case um I do want to let the commission know um you know I would have loved to give the results of the original test pits uh information over to the commission a lot a lot earlier but as you know this is a very complicated site I don't own the site um and in order to release that information we had to get

the owner to okay that um because once this information is released out to the public it's a public record as you all know and any information gets over to the D Board of Health um it's it's if there's an issue with the site any kind of environmental then the owner may you know be responsible for doing any kind of cleanup even though he may not have been the one to to do so um so it has

taken quite some time to get the owner to allow us to release the information um so not only have we released the information we've gone back out to the site and have done seven more test pits so all in all we have 12 test pits scattered throughout the site um and information I know you all received it late um but unfortunately like I mentioned this you know wasn't all my

doing we had to go through the proper protocol to make sure that I'm protected um as given this information out I needed to make sure that the owner was okay with it and um both attorneys have um we have a document to allow us to share this information um I know you haven't had enough time to review it um but I hope that you would um allow another continuance for you um Mr Garrett to

review the information and also more importantly to send this information out to De so they can review it um because ultimately we're going to have to work with the to make sure um everything that gets done here gets done by their regulations as well as the Dartmouth byw as well um I have Mr Marsh my environmental attorney on the meeting as well if you have any questions for him I

also have my partner in this project uh Tim cussin on the on the on the call who's who's familiar with the whole solar project himself um but I did want to give you guys the heads up um and I did receive Mark's email I would have no problem R notifying the abutters and paying for another legal I to put this in the newspaper as it has been quite some time um so I I do

ask that we we've we've come this far with this project I honestly do feel solar is the best use for this site I hope the commission agrees and we can put the site behind us and do any necessary cleanup as possible which would be an improvement to what currently exists there now thank you uh thank you Mr Farland um Mark uh your comments although I think the request is fairly reasonable from my standpoint

with with the caveat that Mr Farland mentioned I would agree I mean I issued uh you know a recommendation to you uh to the commission uh to deny this project since we had not gotten any updates that was prior to uh last evening we did get some updates I have not reviewed them I don't know if they're comprehensive enough I just don't know and I would certainly be willing to if the commission wanted to

continue I think that would be prudent that would give me time to review and maybe engage Christian you know any further discussions there any questions uh Christian Jim we've spoken before and if Jim wanted to be part of that that would be fine too uh but I I don't know what this new information says or doesn't say uh and I would be it wouldn't be appropriate for me to make any kind of recommendation uh

beyond what I've already said uh and would certainly support a continuance if that was what the commission wanted to do thank you uh Mark I have a question for you um I know we're still waiting for uh the report from Gus reposo do you have any idea of the time table for that well I think that it has to happen and I and I think I uh I think I in in my

email uh that I sent out today I think it would be prudent for a couple things to happen I know Christian has indicated that the residential has been pulled from The Proposal U that may be so however the notice of intent application still has that in project I think that the submission of edited page Pages not a new notice of intent filing edited Pages reflecting the new proposal is

appropriate I also think I've got a stack of P of plans associated with this project I think I need a clean set of the current plans with all the information that we have on this site submitted to me uh electronically and Via hard copy and have a hard copy available for Gus uh I know Gus submitted a memo that on the 25th of September he was not prepared to sign off he still said there were some

unanswered questions some of those questions may have been answered in this new submitt I do not know but I think we need to get Gus all of that information all clean and ready to go I thank uh I thank Christian for acknowledging I think that we do need to read adverti and we do need to R notify the abuts given the length of time uh that has taking place and uh also uh you know the

acknowledgement that D is going to be involved in this at some level given the complexity of the site I have reached out to Solid Waste uh in Lakeville and they have issued some guidance to us uh I have afforded them the materials that we were sent last evening uh should they want a further comment on that so I think everybody who needs to know about what's out there knows I just think we

need a complete clean set of Records so we know exactly what we're dealing with and we're not asking questions on outdated information or making assumptions that uh the out that new information is on the plans I I just think that would be appropriate no new filing fees no any any of that just new copy everything thank you Mark uh does any commissioner have any question or questions um the only question I have is

uh how much time does the applicant need to get all of this done is it uh seems as though um there may be some outstanding questions that they might need to review and and and get taken care of if some of the information is not in the current submitt um the the current information that we provided uh just in the last day or this morning I guess um just to make sure that when you come

back again when if we continue if we do continue this uh that we can move forward uh and uh and have all the information uh ready is so is a continuance of two weeks enough is it a month that's my question given given some questions Mr chairman if I may you certainly may the um so as far as the all the information goes we could we can definitely compile the the revised set

of plans um all we have all the information in house and revising the notice of intent with you know taking out the residential that should have take us long at all so I would assume we should have everything to you by next Wednesday um the only the issue is if we have any you know comments in regards to the to the report um if we have them and back by

the end of next week that should give us enough time to respond to get on the next agenda um Mark do you think that's fair let me just in some information Christian we have two meetings in October the next two meetings in October the first first one the next one is Monday the 16th so we're bumping everything back a day the reason that is town meeting is on October 17th

and we cannot have a meeting the same night as town meeting so we have rescheduled uh the 17th hearing for the 16th and we have a subsequent hearing on October 31st Halloween uh you know the timing is in your in your lap like I said I'm probably not going to even be able to look at the report until Thursday uh possibly Friday that you sent last night so I mean I that's all I

can tell you I I don't know what I'm G to find or what questions I may or may not have uh so I'm not gonna a date specific it may be more prudent to go out to the 31st just to make sure but that's your call we have the 16th and the 31st of this month and uh so we'll deal with it you know that's that's the best I can tell you right at the

moment yeah I would I would say we we we'll get everything into you in regards to the you know the revisions that we have I'll I'll make sure we get them into you by Friday um that way we can stake on that 16th agenda um I don't think my seven kids will be happy if uh their FES out on a meeting on the 31st so I'll I'll I'll push to get these get the

information over here by Friday to get on the 16th we're actually G to need stuff by next Wednesday close the business because 16 will be the 16th was a Monday so we do Thursdays on uh you know for Tuesdays so that would be Wednesdays to give the commission five days uh for a Monday yeah actually now I think about it we won't have enough time for the legal ad

or but is will we that's true too yeah so so maybe the first meeting in November uh if you want to if you want to push that back I don't know the date specifically I I want to say Let me let me check a calendar yeah why don't we why don't we do that that should give us plenty of time Mark even if you and I and and Marsh and uh Gus

have to meet to make sure we can hopefully maybe wrap this up on the next meeting time we go back and forth the first meeting in November is going to be on the 14th so we have the 16th of October the 31st of October and the 14th of November yeah I would say the 14th of November if we can okay that makes sense I I think that's a smart smart call

I think that's a smart call that way it gives us a chance as well to get our comments back from Gus and whoever else we we need to so I think that's a good move um Commissioners everyone satisfied they have no questions they want to have answered tonight okay uh anyone in the audience that wants to be heard on this particular m matter okay by the way we're now going

to vote to continue on this matter um and there will be a new advertising and and notification excuse me U so you don't have to write it down but might not be a bad idea to write it down I'll entertain a motion to continue this matter so until the meeting in November which is November 14 2023 at 7M second we was seconded motion roll call vote Joe Joe H you're muted I'm

sorry yes okay Patty yes Matt yes Jim yes and I'm a yes as well that motion passes unanimously uh we're now thank you have a good evening no oh we still got two more to go through but we're oh do two more you don't have to stay for it but we are gonna go for the next to um the second one is a continued public hearing D file 15- 2660 it's on the notice of intent from

Potter Street solar LLC for a single family dwelling and a ground mounted solar panel array on the rear portion of the lot within bordering land subject to flooding in the 100ft buffer zone Zone to bordering vegetated Wetlands it's on land uh which is map 138 lot 144 D1 Potter Street entertain a motion to wave the reading so mov second we have a second in motion roll call vote Patty

yes Natt yes Jim yes Joe yes and I'm a yes that motion passes unanimously um we're not going to go through uh all of the same detail as I did with the first one but I will now entertain a motion to continue this public hearing until Tuesday November 14 2023 at 7M second you have a second motion roll call vote Jim yes Joe yes Patty yes Matt yes and I'm a yes that's passed

unanimously and our third continued public hear in D file 15- 2658 on the notice of intent from Potter Street solar LLC proposing a ground mounted solar panel array on the rear portion of the lot within bordering land subject to flooding and the 100 foot buffer zone to bordering vegetated Wetlands on land described as map 138 lot 144 D2 it's on Potter Street on a motion to wave the reading so

moved we have a seconded motion call vote Jim yes Joe yes Matt yes Patty yes and I'm a yes that motion passes unanimously uh Commissioners I'll now entertain a motion uh to continue this public hearing until Tuesday November 14 2023 so moved second we have a seconded motion on the fall on the floor excuse me roll call vote Joe yes Natt yes Patty yes Jim yes and I'm a yes that motion passed

anonymously okay everyone thank you thank you so much have a great night good night mark on our number four do we have a d file number for this we still have not gotten one okay even before I read it I just want the um applicant and the professional to know we cannot close that public hearing tonight um because there is no file number but we have a public hearing on the limited project notice of intent for

ecological restoration by Joseph carvalo DBA jdc Property Management LLC for vegetation removal in the buffer zone to an inland Bank Riverfront area and bordering land subject to flooding on land described as map 177 Lot 19 it's otherwise known as 25 Tolen path I'll entertain a motion to wave the reading I'm moved have a second on that motion second we have a second motion second

roll call vote Joe yes Jim yes Matt yes Patty oh sorry I thought you said Pat yes sorry I'm a yes that passes unanimously okay and on behalf of the applicant um Rich Ron Prime engineering with the new uh Consultants on this project um which DP had not filed a uh given a file number because it did not show Wetland resource areas it didn't show topography um and was lacking in other

details uh We've delineated the wetlands shown all the Water Resources uh on the plan um and shown all of the topography and generated a set of four plans uh one of them just existing conditions the second one um how to get erosion control in there to to stabilize the site um and the third one a program to um hopefully permanently eradicate the knotweed and the fourth one is a actual enhancement

of the 25 foot buffer zone to the bvw where we're uh planting wild flowers and um a number of shrubs uh across that 25 foot noce derb um in in that area we're we're going to actually put a a physical barrier a weed barrier that allows water to drain through it but doesn't allow the uh ryom of the Japanese not we to come up through it um so we think we're

going to have that in the area closest to the house we're actually posing to come with the back on and dig out the rones and um possibly have to remove all of the soil offsite um if we can't get it all and then plant the lawn so there would be essentially a 25 foot lawn area then a 25 foot vegetated buffer to the bvw and then finally the pvw itself um so I think we've provided D

with everything that they need that they just haven't gotten around to issuing the fem and we're confident that it will be F number of my next meeting so I I think the only thing we can do is have further discussion tonight but then continue it to your next meeting and you heard that our next meeting will be a Monday night not a Tuesday night is that okay y That's fine

okay I also expect to come byy your house with my grandchildren on Halloween so well I'm not where I used to be so if they go to my old house they might be disappointed some residence now I didn't realize you moved yeah two years ago um Mark comments by staff yeah uh as you know we we we talked about this last time and I know that the uh commission was not terribly pleased with

what was going on out there but I did in fact inform them that uh uh South Coast engineering was no longer on the project that Prime had taken over the project and Prime's credit I think they've done a very very good job in evaluating the situation getting the appropriate existing conditions together and put together what I think is really a very prudent uh restoration plan that I think will could work out very well

um and it's also of a somewhat passive nature in that we're not talking about herbicides we're not talking about digging really close to the river there's ample erosion and sedimentation controls in place uh to protect the river uh there is an ability to uh you know to stabilize the site over to over winter and frankly uh a mistake was made by the applicant in that they and we warned

them ahead of time that they had to do this right uh they spent a fair amount of money to eradicate knotweed and a lot of it's coming back uh and it will serve to stabilize the uh the be ground that you saw uh I've been out there and Rich has shared some pictures the not weed is coming back uh I would say aggressively fortunately it's late in the growing season so I don't think we're going to

have the big stand that we had but it's going to need to be recut and reharvested and uh moved away appropriately but you know the the the prime engineering proposal is to lay in uh uh Filter Fabric which originally they had proposed plastic but I thought that that was a little too impervious for the area so uh they're using a uh a a permeable Filter Fabric allow water to pass through to the ground as opposed to

sheeting off the plastic and maybe taking the top soil that they're putting in along with it to the river so I think they've addressed several concerns there kind of been an interative process between uh Prime and myself but I think we're really close and I think um I I think there's one minor change on the uh on the uh plan that I'd like to see uh you know we we talk about

entrenched hay bales and Sil fence I know that some of that can't happen given where we are but I think that especially the upgradient uh silt fence and hay bales uh can be entrenched uh as we typically require that would probably have to be modified on the detail but I think everything else is very very appropriate and I can forward a a you know any revised plan I I think the

strategy is is a good strategy and I support it completely thank you Mark um anyone any commissioner first have any questions is there anyone in the audience tonight that wants to be heard tonight understanding we're going to vote to continue okay I'll I've seen none so um uh Commissioners I'll entertain a motion to continue this public hearing until our next public hearing um which is a Monday not a

Tuesday um so everyone be aware of that so it's Monday the 16th of October uh 2023 so moved second we have a seconded motion roll call vote Patty yes Joe yes Matt yes Jim Jim might be offline and myself is yes so that motion does pass unanimously thank you very much you're welcome thank you we still have a quorum for those who are questioning we have four um our fifth public hearing is a

public hearing on D file 5 15-27 it's an after Thea notice of intent from David lamero for wetland Restoration in the buffer zone to a bordering vegetated Wetland and land describe as map 115 lot -13 it's otherwise known as 27 Twin Ponds Drive entertain a motion to wave the reading so moved second seconded okay roll call vote Jim yes Joe yes Natt yes Patty yes and I'm a yes that motion passes

unanimously on behalf of the applicant who's here this evening good evening Mr chair uh Peter Cruz from cab engineering Solutions um here to present the plan can I share my screen please do can everyone see the screen yes I can okay um so just I nothing's changed from the last uh iteration or the last presentation uh two weeks ago uh I think the only thing we were waiting on was the uh file file

number for the D um just to go through it with uh for anyone that's uh on the call um that's new we'll just go through the project um the the project consists of um restoring the the uh the buffer the actual Wetland uh area as shown on the actually this one's probably um so the Wetland restoration is about 990 square feet um this area uh right now has been cleared of all wood

piles uh and uh ready for the excavation of the fill that was placed in uh this resource area um we also have the restoration of uh about uh 1,830 square feet of the uh the 25 foot buffer zone um uh in this area um within the 25t buffers there were a couple of trees that were or about 10 10 trees of that were cut down uh we're proposing to uh plant um 11 trees and I believe

30 31 yeah 30 um shrubs uh to restore the area um we uh once the the all the work is completed uh we'll go back in and rest store the retaining wall the stone retaining wall to uh clearly DeMark um the 25 foot here and um to have no access to the back uh we're proposing to install um your Wetland do uh no disturbance signs three of them along the me the stone retaining wall

um I I just wondering if um Steve you have anything else I got Ste step SM on uh on the call also uh he's the Wetland science um do you have anything else you want to add Steve to the presentation than hey good evening everyone Steve schm uh no Peter I I think you covered it pretty well I would also note that um you know during their removal of fill we will initially stall the erosion

controls work from a north to south orientation and um SE and stabilize that area uh as we pull back the material um soon as we're satisfied with the extent of fill uh removal on site so once this is a finished product because it's we're nearing the end of the growing season um the whole site will be seated with a winter Rye mix as well as the uh erns mixed the Wetland seed mix

and uh topped with chopped straw to add as a supplemental erosion control measure very good um Mark uh comments from staffle couple question a couple comments uh Peter can you go back to that previous plan you were showing the Shaded one everybody needs to understand that the original cause of this A1 observing the uh violation was because they wanted to install a pool and you can see a pool on

this particular plan uh shown right on the uh upgrad ins side of the stone wall which exists now and will exist you know after the restoration uh Peter if you could bounce back to the other plan okay this is the plan for the restoration which I completely accept there's no there's no question about this I think I indicated did that last time uh I had some concerns which you know about the lateness of the

plantings um with regard to the growing season but please note on this plan if this becomes the plan of record it does not have a pool Illustrated on it I don't know if the pool has been relocated out of jurisdiction or what have you but nonetheless there is no pool so if this becomes the plan of record they will have to amend to put the pool back back in place it's not to

say it wouldn't be allowed but as of this plan there is no pool shown um and I think that is The Prudent way to go to issue an order on this plan and then they can amend once this restoration is acceptable it's in place uh then they can go about asking for the uh you know the pool as an amendment uh because if we delay this to wait for a revised plan they're not planting this

this this growing season I don't care how good Steve is and I know he's very good but it's just not gonna happen I think you'd agree um so uh I just wanted to bring that up the other thing that comes to mind is uh I'm a little concerned with the introduction of winner Ry in this case Steve uh I would much rather just have the straw laid down and uh leave the winter Rye

out that's fine we can do that so the Ern erosion control mix has a number of Rise species um in that as well and that was proposed for the buffer zone areas yeah that's fine that's fine I just don't want you sewing you know pure winter Ry out there uh years ago that became a problem and I just don't want to see that here and I don't think you need it

I think the straw will do just fine sure uh so having said that um I am uh prepared having re having reviewed the plan and uh now that we have the uh file number to issue a standard order of conditions referencing the latest plan which is dated September 26th 2023 uh uh with our standard restoration conditions uh moving forward thank you Mark does any commissioner have any question I just have one go right ahead

um it's a quick question um so I just wna there there really is no pool on this plan is that is that no that yeah I pulled up the wrong PDF good catch mark the the PDF that I should have grabbed had no pool um we did sit down with uh Mr Garrett uh originally uh we will be filing uh uh for the pool at a later date okay this is just this is just uh

this is just to um take care of the enforcement order that's on on on on the applicant and restore the area prior to uh coming in front of you guys for the uh the work related to the pool got it thank you for clarifying I just wanted to make sure we were y not running through that too quickly and there was actually another another drawing thank thank you for clarifying don't

problem I have no other questions okay any other commissioner is there anyone in the audience that would like to be heard on this matter I don't see any um at this point I'll entertain a motion to close the public hearing so moved second second okay we have to go with a roll call vote Nat yes Jim yes Joe yes Patty yes and I'm a yes that motion passes unanimously uh Commissioners what's your pleasure on this

request make a motion for standard order of conditions according to the plan submitted on September 26th 2023 with the standard restoration conditions is outlined by Mr Garrett have a motion on the have a we have a seconded motion we'll now go with a roll call vote Matt yes Joe yes Patty yes Jim yes and I'm a yes that motion passes unanimously thank you everyone have a good evening you as well good thank you

good night we're moving on to our sixth public hearing it's a public hearing on D file1 15- 2701 it's on the notice of intent from the Patricia and Todd trust for construction of a single family dwelling in the buffer zone to a bordering vegetated Wetland it's on land described as map 28 lot 28-1 or it's on Russell's Mills Road I rain a motion wave the reading so move second seconded motion on the floor roll

call vote uh Jim yes Matt yeah Joe yes Patty yes and I'm a yes that motion passes unanimously and on behalf of the applicant do we have somebody here uh yes Mr chairman Dave Dean from shid Leon representing the applicant on good evening Mr chairman and commission members good evening evening may I screen share you sure

can so on behalf of the applicants we filed a a notice of intent um like to start with just a little uh background on on the property itself um this lot is 5.5 acres in size it was cut out of a much larger Trax 30 acre parcel um I'll follow the lot lines here it's basically rectangular in shape and then it has this odd and funky way of gaining its Frontage all the way back

to fiser Road um it was C out of um the property right here located by Russell Mills Road and it enjoys an easement through the property which it came from uh from Russell Mills Road um they are sharing a driveway they have a right to uh come up the driveway and utilize utilities to get onto the property um the the remainder of that property is essentially was to create uh the lot

Frontage off fiser road and the remainder of the property approximately 24 Acres uh was uh granted to or or conveyed to the land trust um so the next sheet I'm going to show you um is an existing conditions plan based on a survey that we did oh having trouble with my scales there we go so this is a 30 scale drawing and the site has a majority of it is a open

field this bubble line is the limits of wood the edge of woods and and the limits of an existing field there's a stone wall that runs along the south side of the property and then it runs back all the way towards Russell Mills Road um there is a an offsite uh not an offsite but an on-site Wetland system it's a a pond impoundment um to the south of the stone wall um which

connects then to another Wetland system to the uh Southwest and within that system there's an intermittent stream um we uh this Wetland shown was delineated through an A1 by the prior uh engine engineering company which which also did the percolation test on the site uh we took over the project and we performed topographical survey that you see on this property uh as you see uh on this plan um so this is the proposed

development plan um the uh proposal is to construct three-bedroom uh single family home with an attached garage uh on the Northerly side um so the uh the buffer zone uh to the Wetland system cuts through the house and right as you follow my cursor and then curls back down so so this portion of the house is within the buffer zone the remainder is not uh there'll be a lot of cutting and

filling a lot of cutting uh in the rear of the site that's outside buffer zone in order to utilize the material to place on the opposite side or the front side of the house um I think there's a good balance here of cut and fill we don't have to bring in or truck in fill on the S the soils are as good as they get percolation rates were less than 2

minutes per inch and there was no groundwater encountered at a depth of I think greater than 10 feet in the location of the test pits uh so therefore what we take out of this Hillside um certainly can be used and and transferred to the other side of the house um the uh driveway will come off the existing Gravel Drive way which uh comes from Russell Mills road all the way down here this exists today and this

this driveway will take you to the rear of that 24 acre parcel of land uh the proposal is to bring in a paved driveway that wraps and curls all the way around the house actually curls to a point where it becomes out of the buffer zone to enter a rear entry of the garage um the septic system is sized for three bedrooms it's located outside of the buffer zone um the leeching field is probably about

120 ft away from the uh the Wetland system we do have Municipal Water available to us there's a hydrant on the property down in this location and we're bringing a water line along the stone wall and onto the property as we we get to the front of the house um electric will be brought in underground from existing hand holes that exist um at this location and run through outside of the buffer zone to the house um

primarily the work will occur within the open field um working your way around the back there will be some clearing of of trees and vegetation coming down and following the driveway until you get back to the uh the entrance that we're proposing so we are proposing erosion control along uh between the driveway and and the Wetland system uh which begins basically out in in this location

so that we can remove this area of rubble uh as which would be opposite of where the driveway entrance would be and the uh roosing control would come up and wrap all the way around uh to a point where it's almost out of the buffer zone um Board of Health has approved the plan uh well they emailed me that they had no issues with the plan it would be put forth to their next available Board

of Health meeting there were revisions made to the plan based upon comments from the BPW and that was Rel relative to uh showing a water service connection and some some um water service notes that they wanted on the plan um we do have a d file number there were no uh comments um and with that I'd be happy to answer any questions uh thank you Mr bman uh Mark I

I will turn it over to you I'd like to hear staff's uh comments regarding this application yeah I think David covered it pretty well uh we did review a delineated Wetland line under an A1 years ago I did the Wetland line is very accurate it's very distinct the 24 Acre Site that David is referring to is the uh former Fentress uh Paradise Farm site which uh dnrt now holds uh under a conservation

restriction and uh the work that is proposed here in is largely in a pre-existing a field uh with some overgrowth as David uh you know spoke of most of the work in the buffer zone is the the driveway in off the existing Gravel Road it is an easy Gravel Road to drive in and out of I've been in and out of it several times um the driver the regrading and a portion of the house so

this is an a state lot as David indicated it's got kind of a funky shape it does not front on Russell's Mills Road uh it does in fact front on uh fiter Road and it's kind of a convoluted Trail to get there uh if you notice the Locust maps that were passing by as David was locating this particular uh uh plan uh and I really see no no issues here relative to uh you know not

approving so staff is prepared to recommend to the commission uh issuing a standard order of conditions uh obviously inclusive of our erosion and sedimentation control condition with entrenched and uh trench bottles or hay bales and Sil fence in the locations that are depicted uh one other thing I failed to mention is and I think it's very key the wetlands are segregated from the proposed development by a stone wall

there is a very distinct uh demarcation between the two so I think that it'll be very clear to the contractor they're going to have to move stone walls uh to uh to encroach on the wet ones and I don't think they'll do that uh so again recommendation standard order for conditions uh emphasizing our standard erosion control as per the plan that you're looking at which is dated September 13 2023

um yes go ahead David thank you um the revision is September 19th 2020 the 19th um the the original date is September 13th but there is a revision date of 919 okay I must have missed that okay thank you you're welcome okay um does any commissioner have a question they'd like to pose to either staff or Mr Dean I don't see any is there anyone in the audience that wants to be heard on this

application I don't see any with that I would entertain a motion to close the public hearing so moved you have a second on that motion second you have a seconded motion on the floor roll call vote Joe yes Natt yes Jim yes Patty yes and I'm a yes that motion passes unanimously Commissioners what is your pleasure on this request make a motion for a standard order of conditions according to the

revised plan submitted September 19th 2023 with additional conditions as described by Mr Garrett um including those um of erosion and sedimentation control we have a motion on the floor do we have a second to the motion second we have a seconded motion roll call vote Nat yes Jim yes Patty yes Joe yes and I'm a yes that motion passes unanimously thank you very much have a good night

well we're now moving to the seventh public hearing and that's our final public hearing for this evening it's public hearing D file 15- 2702 it's on the notice of intent from David Maduros for the relocation of the existing gravel driveway in the buffer zone to a bordering vegetated Wetland it's on land described as map 24 lot 14 it's also known as 523 Rocka dundy Road a motion to wave the reading so move

move second we have a seconded motion on the floor roll call vote Nat yes Jim yes Joe yes Patty yes and I'm a yes that motion passes unanimously and on behalf of the applicant I think I see Mr haruan yes good evening Mr chairman members of the commission good record my name is Alan Haru and this evening I'm representing David mados owner of plat 24 lot 14 523 Rocka dunde Road he proposes to

relocate the existing gravel driveway to the house and rear of the property to provide safer site distances along Rocka dunde Road the record plan is entitled site plan showing proposed relocated driveway dated September 15th 2023 and if I could share my screen yes you may all

right can you see that I can it's pretty small but I can see it okay Alan can you enlarge no don't Zoom it in so much can you enlarge the window yeah like is there a way to make the top right side maximize the window I can see uh to the top bar the blue bar next to the X just to the left of the X oh yeah oh perfect now I can see it well

okay all right so the propos osed work is in the 100 foot buffer zone to bordering vegetated Wetland which was delineated by David bashet Wetlands consultant a bite and so the wetlands this is Rocka dunde Road this is house number 523 and the existing driveway into the property and serving the existing house and along this stretch of Rocka dundy Road just a little bit east of Gaffney Road as you know it's very

curvy linear and just immediately west of this driveway there's a a hill um and a sharp curve and people tend to come flying around that curve and over that hill so by moving the driveway from this location further east we're on the outside of this curve and we can see down this straight away uh towards Bakerville Road and we have better a little more distance from the curve to the the West so the bordering Vegeta

Wetland is this line here that was delineated by Dave pette and so what we're proposing is a bituminous concrete apron here um and the rest of the driveway would be gravel from this uh bituminous concrete apron this portion of the driveway would be gravel we propose a cobblestone curb along the edge of the gravel driveway around this outside of the curve to a stone Scupper and then the storm water run off from the

driveway would be directed into a grass sale with stone uh check bams and um if I can just uh show you a um this is a photograph of a stone a grass whale with a stone check Dam uh for a project that was approved earlier this evening received a certificate of compliance likey and Lane but this is what we're thinking of uh proposing to collect the storm water runoff from the um um driveway and um

and um put it into this grass sale so it doesn't flow directly into the Wetland uh we propose a straw waddle silk fence erosion control barrier uh between the work area and the bvw right here is the uh erosion control barrier all along the uh edge of the work and the existing driveway will be closed with a uh post and rail fence the DP file number is se1 15- 2702 and I'd be happy to answer the

commission's questions and I'll stop sharing if you'd like um sure leave it up there Alan okay okay Mark I'd like to hear the comments of Staff yeah I I understand the need of you know line of sight and all that along the road but I do have one concern given where you've located the C the the new curb cut onto Rocka dunde Road and understanding the turning radius that is

required to get you over to the driveway from that location that pushes you within 10 feet of the Wetland that was delineated by Dave and my question Allan is could the curb cut the proposed curb cut be moved slightly west of the location you're showing on the plan you'll still have better line of sight especially to the east because I think the I I know the curve to the west

but I think the real issue with sliding this you know a short distance would be line of sight to the east coming around that curve that you're showing on the plan specifically that would do is that would allow you almost to straighten the road uh the the new driveway a little bit and possibly get a little farther away from that Wetland uh you're really tight I know you're talking about Cobblestone

curb and all that but it just seems to me that there's an alternative to keep that driveway away a little farther away from the Wetland while still achieving uh you know the goal and and I think the goal is very valid and and I'm not arguing the need uh but I would almost want to move that you I see you're bouncing your cursor around if you move that cursor one yeah like to

there that being almost almost the center line of the new roadway in or the new driveway in I think that would allow for a little bit better spacing between the edge of the proposed driveway and the regrading and the Wetland proper I think you're really just a little tight there and I see an alternative that I think would work okay well I will have to take a close look at it I think

um and talk to Dave and this is a Scenic Road I don't it's not particularly Scenic in this location because there's not really a stone wall I would um you know I'd have to look and see if there's any you know particular specimen trees I don't think there is this stretch of Frontage is not either I mean I spent a little bit of time out there yeah yeah yeah you were trying to achieve and

again I agree with what you're trying to achieve I just think that there's an opportunity to move that you know whatever you know 10 20 feet to the West maybe maybe maybe what I could do is just shorten the apron and um you know pull the whole thing away from the wetlands further well that too I mean that that is that that that bow goes in deep and then turns almost

yeah if you and I and I don't know because I mean I know Dave's a contractor and he's got equipment that comes in and out I didn't know if that radius was required for his his equipment but uh but I know he's going to be moving Stone out of there based on you know previous discussions uh so that curve may be required I don't know but yeah I think it's it's recommended it's not just him

you know Paul Melo who lives at 520 23 also you know delivers firewood and this sort of things so yeah get it yeah so I think I think I can I can talk to I can talk I can request a continuance and um unfortunately it's gonna have to be Halloween um because I'm gonna be gone on the 17th but um but uh I I think what I can do is is just talk to Dave and

maybe consider just shortening it or or moving it one or the other because I I understand what you're saying you'd like a little more distance from the wellons so let me suggest that we continue uh till till October 31st um because I may be able to talk to Dave and and get something done actually I'm leaving on Saturday for two weeks um so I may be able to get something

resubmitted but of course um I won't be here on the um on the 17th so I think it' be prudent to request a continuance till the 31st till I can have time to meet with Dave and possibly prepare a Revis plan that makes some sense uh any commissioner have any question is there anyone in the audience that wants to be heard this evening on this matter understanding we will be voting on a request for a continuance

I don't see any uh so I will entertain a motion to continue this public hearing until October 31st 2023 at 7 pm so moved second second on that we have a seconded motion a roll call vote Jim yes Matt yes Patty yes Joe yes and I'm a yes as well that motion passes unanimously is there recommended attire for that meeting uh well I would suggest that we don't go too outlandish but you're certainly welcome to coming

costume Harry Harry Potter would be appropriate we're we're all coming as Commissioners just don't wear that old sweat stained Detroit Tiger hat okay wear the not the old one okay have a good evening take good night good night okay Commissioners we're moving on now to our items for discussion our first is bills if there are any none that's easy then we have uh discussion items I'll let you take over

Mark we have interviews and the resched let's do the rescheduled first just so we get it out of the way sure uh you know when we we set up the schedule you know we just cross reference uh to town meeting Town fall town meeting is Tuesday the 17th 2023 uh you really can't have a board or commission meeting during town meeting considering the fact that I've got to be a town meeting uh and we don't have

somebody to substitute for me and it's not recommended you do that anyway uh many of our repr many of the agents for our clients are town meeting RS so uh just a problem so uh in talking with Mike uh we determined and I sent out we did a quick straw pole I know Jim you can't make Mondays but uh that was the uh that was the consensus day uh to uh reschedule the meeting so we are

rescheduling I have already changed the zoom uh link so that we can do it on Monday we had to switch it from the one we had but everything is all set up and uh the agenda was updated to indicate that and uh legal ads have been going out with the revised dates so uh we are rescheduled for Monday the 16th of October I think we'll entertain a motion to that effect um and I understand Jim

you can't make it and I'm sorry about that me too sorry you know no you've been you've been very consistent in your um attendance so this is an anomaly and you were to be fair you said you couldn't make it uh but I it was frankly it was my call because I thought we had more Commissioners that we needed we had one more than than we needed to have our Quorum so I felt a little more

comfortable with that date anyway having said that um I'll entertain a motion to change or reschedule our October uh 6 uh 17th 2023 meeting date to Monday October 16 2023 at 7 p.m. so moved second we have a seconded motion we'll do a roll call vote Jim yes Joe yes Patty yes Nat yes and I'm a yes that motion passes unanimously okay Mark go ahead with the interviews hey uh just to update you uh we

received uh probably about 42 resumés uh for a replacement candidate for Adam uh many of which were unfortunately just out of school certainly had the desire but you know the conservation officer position Demands a certain level of expertise before you start learning had to be a conservation officer a lot of those candidates did not have it so we shortlisted down to five we interviewed all five

today uh I think we have um shortlisted uh our top two candidates uh and now it's subject to you know wage negotiation and things like that I won't name them since they haven't been told yet and I don't want to put it on the public Airwaves but um nonetheless we are moving forward with trying to get that position uh filled in as short and order as possible the process can take upwards of a month to

you know from offer to actually sitting at the desk so uh we're trying to expedite that as quickly as possible so those are the two uh discussion items I have I do have one Enforcement issue that I wanted to bring your attention I think I forwarded to you uh yesterday a report done by Brandon fanf uh the Francis site uh he went out and did the wetlands delineation work required for a disturbed site and I

think he's come up with a reasonable area that was preexisting Wetland that have been impacted and in my email which you were copied on I indicated to him I think it's now time for them to put together a restoration plan uh not that they're going to do anything about it this winter but uh certainly coming into the spring they need to be prepared to get this thing under way but so bringer to

your attention only because we are making Headway okay slowly but surely well I mean I think you from a court order but well you know it may have taken that but I think we found the ball is starting to roll finally be in someone's pocket I I I tried myself on trying to get these Enforcement cases cleaned up yeah I I know I know there's you've done a great job of it we've got a lot

of enforce M uh in the last couple of years and a lot of progress has been made to get some of the old things straightened out so I appreciate that um there anything else that anyone wants to bring up I have just one one point of order um since we have to take a roll call vote vote and we always have a proposer in a seconder uh would the proposer in the

seconder be considered voting yes since they proposed it and second it and then you not necessarily no a lot question bring up a motion just so there's a decision that has to be made and they could propose to Grant a order of conditions but they're going to vote nay they just wanted to bring it up to a vote same thing goes with the seconding okay so yeah that's why we have to do it

anyway in fact I've I've actually seen that on a few occasions not with this commission but I've seen that on a few occasions with other boards they bring it up for a vote just to deny it um anyone else have a question or any concern or comment if not um according to my watch it's about uh 21 after well 26 after I'm sorry um so I would entertain a motion to adjourn so

moved okay you have a second motion roll call vote Jim yes Matt yes Joe yes Patty yes and I'm a yes that motion passes

unanimously