[0:10] There being a forum present, I hereby call this um

[0:14] September the 2nd, 2026 meeting of the Fox Bar Conservation Commission to

[0:20] order. >> All right.

[0:24] » Um so start off with the minutes. interesting

[0:27] is the review minutes and chorus. Uh they don't have a chance to review

[0:33] the minutes. They look pretty short, which we do have two sets. Um I'll just

[0:39] let >> I think it was just Lucy who was in

[0:41] here, but anyone online or watching this over recording. We did hold a emergency

[0:47] meeting brief, only about 10 minutes on Thursday at 2 p.m. Um the agenda was

[0:53] uploaded. Uh it was not recorded but the minutes here are set to be approved and

[0:59] that was um to approve the emergency certificate for the briefing of the dams

[1:04] at Paddock Estates. Um and so let's let's do the August 19th.

[1:10] » Yes. Let me pull that up >> first.

[1:52] Isn't there a vote to say vote for this negative intimidation of

[1:59] applicability? This says there's one motion. I thought

[2:05] I saw on

[2:08] » I see motion was made by David seconded by Liz and voted unanimously to

[2:13] close the hearing and issue a negative number two uh determination.

[2:19] » What's that? >> That's the way it was done.

[2:20] » Well, that's okay. I mean, usually they close the hearing and then issued the

[2:26] transition vulnerability, but it's not a huge difference.

[2:35] It should say there was a vote. Well, it

[2:39] » says we voted unanimously. So I mean the implication is is that the motion to

[2:43] close the hearing and and issue the determination is made in saying

[4:23] You would make a motion on the August 19th

[4:29] I I wasn't there. So, >> oh,

[4:34] » I'll move to approve to August 19th and I'll second

[4:40] move and second and to approve the minutes for the August 19th meeting. Um,

[4:44] all those in favor say I. >> I. All those opposed.

[4:50] That motion carries unanimously.

[4:55] So on the August 27th meeting minutes Ian um just just go it's right here it

[5:03] says the property owner has filed an application for a board of health

[5:06] emergency permit to breach the dam. >> Yeah.

[5:08] » I my recollection from the meeting is is that the board of health actually issued

[5:12] that. I think you brought you brought it up on the screen.

[5:15] » Um they that was the permit that they applied. Uh and

[5:20] » this was on Thursday. Yeah. So Jim had sent it Friday. He had not yet finalized

[5:26] an >> Okay. Okay.

[5:31] So I think you weren't there. We'll see. Obviously. So

[5:36] » Steve or Steve? >> Yes. Sure. I I I will move the approve

[5:40] minute of August 27th emergency meeting. Second. move and seconded to approve the

[5:48] minutes of the August 27th, 2026 emergency meeting. Um, all those in

[5:54] favor say I. >> I. All those opposed. No. So, maybe one

[6:00] extension. >> Oh, no. No.

[6:04] » You can't. >> Yeah. Okay. Sorry.

[6:07] » That motion carries unanimously. >> So, did they breach it or

[6:12] » I think that's it's been started. >> Yeah. Yeah. I'll I'll give an update

[6:15] right now as well. Um, so I believe it's one of the Oh, no, sorry. I did not

[6:20] print it. It was a nine page long email chain that really did not need to waste

[6:26] paper on. Um, but I do have a folder here for the Beaver Dams update that

[6:30] I'll get into. Uh, because we do not have 745 just yet.

[6:36] So, uh, if we're going over to the Hagerland,

[6:41] let me X this out so we have a little more space.

[6:45] Um, the Hagar Land was very successfully breached. Uh, the fire department um

[6:50] came by last Tuesday or Wednesday, I believe, and

[6:56] they blasted it and the DPW was also there. They were chopping up the uh

[7:01] cutting through the wood and they did a very good job clearing. I'd say about 10

[7:06] or 12 linear feet um under the bridge, making a good clearing. Uh and as you

[7:11] can see, water has been flowing and it was I'll remind us up to probably

[7:17] halfway up this bridge here, maybe a little more. Um so we've gotten almost 3

[7:22] ft of water back. I mean, you can see the water line in some of these. Um, and

[7:28] I should have taken more photos, but uh, these were

[7:34] this was taken on Monday, so this was a couple days after. Um, it didn't seem

[7:38] like there was a crazy amount of activity to cover it back up, but even

[7:42] so, um, the inundation has kind of been relieved. Um, and yeah, it was uh,

[7:49] interesting to see them mucking about and pulling all that all that debris

[7:54] out. blasting it with a hose was actually

[7:57] pretty pretty um >> effective, I'd say. Yeah. Um let's see.

[8:05] » Went and just before this meeting and

[8:10] I hadn't seen the before picture and so it was pretty clear that the water was

[8:16] flowing was this big. >> But but the thing that amazed me was

[8:19] there was this even this huge beaver dam just a little further up there. It's

[8:25] gigantic and it's been there for a long time because brickless grass and

[8:30] everything growing top of it >> and apparently they felt the need to

[8:35] build another one right there at the bridge just to happen.

[8:40] It's like

[8:43] you know it's their nature. >> Yeah.

[8:47] and yeah, >> you know, reservoir behind the big dam,

[8:53] but that's not enough. >> No, they just got to they got to stay

[8:57] busy. Um, all right. And then over at Hill Road on Paddock Estates property,

[9:02] um, we know last Thursday, like I said, emergency meeting. We had the beaver

[9:06] permit application there for that meeting and Jim indicated by then that

[9:10] he would be signing it the following day. This is what we received from Jim

[9:14] the following day. Um purpose of breaching the dam, not the removal, not

[9:19] the modification of the beaver dam or the flow device.

[9:22] Um so he signed that that is in effect until 6 days from now. Um but it seems

[9:30] like most if not all of the work has been done. This is what we had signed

[9:34] and reviewed in the meeting last Thursday. That was easy to get through.

[9:39] And then this is the email chain. And I'll go down to the bottom where I

[9:44] communicate with Scott and ask him on Monday if he completed the work. He

[9:51] said, "We got two dams, two and three done, but hope to go back for one

[9:55] tomorrow. One being that large one, the most upstream closest to Hill Road." Um,

[10:00] and then I asked again for an update. He said, "The dams were all breached

[10:05] yesterday. There was some very strong water flow yesterday. Today the flows

[10:08] seem to have diminished. and I will be out there tomorrow um at Paddock to look

[10:14] at how much their water level has changed in their fire pond. And um I'll

[10:18] probably try to bring Chief Klin out there to see if anything else needs to

[10:22] be done um in the time being. But >> so it was so um did Scott take any

[10:28] photos by any chance? >> Uh he did not send any photos. No, I

[10:32] probably could have asked him for those, but uh I will be I'll have some photos

[10:36] for our next meeting because I'll be out there uh tomorrow.

[10:43] And that's all I have for Beaver Damps. >> Oh, thanks for the update.

[10:47] » No problem. We're 2 minutes off from I'll save the planners report cuz that

[10:54] one is a bit uh it's a bit dense. Um this places associates letter is pretty

[11:02] self-explanatory, a bit retroactive. Uh this is the letter that um Bill Murray

[11:08] who was here at our last meeting or I guess second to last meeting um

[11:15] wrote this letter about the Hagerbridge sent it to Mike John's on uh August 24th

[11:22] and um action was taken last week on that. See if we have anything else

[11:27] that's easy. Um, yes, Dave Barnett had emailed Scott uh yesterday asking um

[11:36] asking if if we can go out to the site um sometime early next week to look at

[11:42] the work that will be done. Um I know that about two meetings ago, maybe three

[11:47] meetings ago now, we had spoken with Scott. He said end of August, but

[11:51] definitely September. Um so looking like that work should pick up any day now.

[11:57] hopefully next week. Um >> Patch Hill.

[11:59] » That's at Patch Hill. Yes, that's with our grant. Um

[12:04] yeah, and then we can It is 7:45. We can either hold this last piece cuz

[12:10] this is a request for the commission. Um yeah, let's talk about that.

[12:16] » All right, perfect. So, I'll leave that one piece of correspondence in the

[12:20] planner's report for after. But as of now, it is 7:45. So, I'll let you read

[12:26] that, Dave, and we can get this. >> Our speed is off the

[12:29] » Yes. Thank you, Steve. >> Yes. Thank you, Steve.

[12:33] » Okay. file for 22

[12:41] by public hearing will be held on September 2nd, 2026 at 7:45 p.m. for the

[12:48] Boxboro Conservation Commission to consider notice of intent filed by Oxbow

[12:53] Associates, Inc. on behalf of the owner at Element Materials Technology Og

[12:59] Group. The property is located at 1146 Massachusetts Avenue's map 13-018-0000.

[13:12] Project description installation of a concrete stab for equipment. This public

[13:18] hearing will be held over town hall at 29 mil road and provided Zoom video

[13:23] conferencing. All details be made available on the conservation commission

[13:29] open and posted a minimum of 48 hours prior to the meeting on the town website

[13:36] www.boxthro-mass.gov.

[13:41] Contact conservation commission office at 978-2641722

[13:47] if there are questions. I'm going to >> So just just a quick question first. So,

[13:53] do we have do we have any hard copies of the actual notice of intent?

[13:56] » Uh, yes. I have the reviewer's copy and I have um I can pass this along to

[14:03] Steve, but I also have this and I can flip through it on the uh it was 60

[14:10] pages long, so I didn't want to print out four different copies.

[14:15] » Ladies and gentlemen,

[14:20] » can everybody hear me? for something that I think could have been an RDA. But

[14:24] anyway,

[14:28] » so what was your >> Okay. Well,

[14:32] well, well, as far as that goes, uh why don't you walk us through the project?

[14:37] » So, uh I'm Ron Stros from Associates representing um Elements Material

[14:42] Technology. Um basically, this facility is a testing facility for

[14:48] a bunch of equipment. um and they subject some of the material that they

[14:53] bring in there to extreme temperatures. So they have these gigantic machines

[14:58] outside and I'm going to get this Ron and I Ron's on the call. Um he's the

[15:03] kind of supervisor there, but um these these big machines that kind of either

[15:10] extreme put these material through extreme colds or extreme hot. I don't

[15:14] remember exactly which one was, but there's two chiller

[15:19] giant pieces of equipment that are on the outside which are marked in that red

[15:22] box top of the page and they're about two stories tall and basically they are

[15:29] fed with one of these wells that are also on the top of the page. It's fed

[15:34] with water. Basically, it takes I think the heat from outside kind of cools down

[15:41] whatever it's getting is heated in there. Um or it's the opposite way. I'm

[15:45] not really sure. And um

[15:50] basically the testing equipment kind of cools down or heats up to extreme

[15:55] extreme temperatures and it kind of put these materials through a whole bunch of

[15:58] tests, see what their breaking point is and bending material.

[16:02] Um, these two gigantic chillers are outside. Um, they're on the the west

[16:10] side of the building. They are about at least 25 years old. Uh, so you go to

[16:17] jump to the photos. >> Can Can everybody hear me?

[16:22] » You can kind get an image of it, but they're sitting on a giant on another

[16:26] concrete pad. >> Yeah. From the cover.

[16:28] » Yep. >> Yep.

[16:30] And basically the idea is that we're going to replace these machines with a

[16:36] newer machine um that's kind of a closed loop system. So right now this is takes

[16:42] water from the well. It runs it through both of these chillers

[16:47] and then water either gets recirculated but some of it spills out the side. And

[16:53] actually in this photo, you can see the hose right here that some of the water

[17:01] drains out from and the wetlands. Here's my wetland flag. It drains onto a piece

[17:06] of plywood and then kind of drains into the wetland.

[17:10] » So, is that is that by design or is that >> No, I don't think it's by design. I

[17:14] think it's cuz Brian had told me at one point um he had turned the water off to

[17:19] try and stop this flow and the whole machine was down for the entire day

[17:24] while refilled with water for whatever reason it's either leaking or you know

[17:30] needs to be half it needs to be filled to a certain level I think and as soon

[17:35] as you don't aren't filling it constantly it doesn't work

[17:40] » well it is old. And so, oh, Ron put his hand up.

[17:44] » Ron put his hand up. >> Better explanation.

[17:47] » Good morning. Uh, good evening. >> Hear me?

[17:50] » I'm I think I'm maybe having trouble hearing him. Let's make sure that

[17:56] There we go. Hold on, Ron. Go ahead.

[18:03] » Yeah, muted. >> I think I've been having

[18:08] » Okay. Can Good evening. Can you hear me now?

[18:10] » There we go. We can. Yeah, I think it was on.

[18:13] » All right. I'm up here in the mountains. Sometimes the reception's not the

[18:16] greatest. Ronald Bernetti, Element Chief

[18:20] Electrician. Ron's doing a great job explaining that. So,

[18:25] nice job, Ron.

[18:29] » All right. I'll uh I'll I'll sit tight and listen. If you have any questions,

[18:32] uh I'll be more than happy to answer them.

[18:35] » So, yes, I was doing. Okay.

[18:39] So, this these machines are going to be replaced. There's going to be a closed

[18:43] loop system that's going to be put in on another concrete pad that's going to

[18:48] it's going to be a little bit offset from this. Um, we're going to move it

[18:52] further away from the wetland, but it's the idea is to have both systems running

[18:58] concurrently so there's not a whole bunch of downtime.

[19:01] um while one piece gets removed and then the other one comes in the concrete has

[19:06] to set and then the machine has to be brought in and set up and that's

[19:10] multiple days of downturn >> but that's only temporary right

[19:13] » that would have been temporary so the idea is that yeah right now they're both

[19:16] so the new one's going to get installed first the m the the new conx box that it

[19:22] comes in and the the chillers are going to be

[19:27] the concrete pad's going to be built on the blue spot The new conic box will be

[19:32] put installed. The piping will be installed hooked up where it needs to be

[19:36] and then where the existing chillers are in the red box will be decommissioned

[19:41] and removed and the concrete pad will be recouped. Correct.

[19:46] » So the new pad is smaller than the existing pad. So and we're moving it

[19:51] further away from the well. So now we've moved it outside the 25 ft bumper where

[19:55] it was at 7 ft. Um, and it's decreasing in size about 30 square ft. Oops, not a

[20:03] ton, but it is a decreasing impervious inside the buffer zone. Um, and it's

[20:09] kind of necessary for this location just where it enters into the building. You

[20:15] know, we considered putting it closer, but those other HVAC things are in the

[20:20] way. Um, and so this is kind of the best spot for it. and the other one was going

[20:26] to be removed. Um, we proposed erosion control along the wetland line and up

[20:31] along the property line, although I don't think that'll be super necessary

[20:35] on the up to the property line. Um, but it is going to the concrete pad is going

[20:42] to support the large weight. It's I think was 60,000 lbs. So, there's it's

[20:49] going to be significant pad um and reinforced and everything. So, and

[20:55] they're looking to try and get it in before

[20:59] » we're the general the the GC we're hoping to have the pad poured and cured

[21:05] by the end of September, early October. A crane will set to ConX box. Take about

[21:10] a month of piping within electrical. We do a two-day shutdown. we change over

[21:15] and then we have a demo crew uh going to demo the existing towers going to go

[21:20] away >> and that pretty much covers it. That's

[21:26] it's a pretty small project in the overall scope of things. Um but it does

[21:31] reduce impervious in the bubble dome. It moves it the impervious further away

[21:36] from the wetland line and it stops those points discharge which has been draining

[21:41] into the wetland for 20 years. And and the reason for that we have such

[21:47] a demand a load heat load that uh if we turn the water makeup off um overnight

[21:54] it'll they uh just evaporates. So we have to have a full-time water makeup.

[21:59] Um with the closed loop system we have a float in there so the water will just

[22:03] turn on and off when as needed. So right now we've have the water full on or full

[22:08] off and that's our only option. So that'll we have an improvement

[22:14] being made.

[22:18] » Is there any way you could move the new mechanical room further away from the

[22:22] wetland? >> Uh we could what would you like to see

[22:27] further further towards the front of the building

[22:31] which would be east I guess. Uh trying to look at the north south

[22:37] technically north. Yeah. Yeah. Yes. So,

[22:42] » so right now we have it 11 feet off the property line. Um, and we we we were

[22:48] going to to put it there for the piping um for accessibility for the piping and

[22:53] the electrical. It's all going to go overhead.

[22:57] » That's why it was laid out that way. >> But it is still being moved what?

[23:02] Another 10 ft 10 ft more away from the west at least.

[23:06] » Yeah. Something. >> Yeah. Right now it's all Yes. Correct.

[23:12] » There's a setback for edge of properties, too.

[23:18] » Ian got it on that one because we had it set. We had it set closer and we

[23:22] actually moved it off though the time step back. Uh

[23:28] if they do one, you guys have to file with another board. Yeah.

[23:33] » Yeah. >> But you probably do need a building.

[23:37] » Oh, certainly. Yeah. Yes, I'll we have I hired a general contractor to oversee it

[23:42] and he's uh he'll be pulling all the permits.

[23:54] » Yeah. one. Yeah, I'm just considering it's uh I'm I'm curious about the the

[23:59] the killer situation, but that is probably

[24:05] » Yeah, was a technology from

[24:11] previous slide. Uh but that's okay. I don't think it's gaining to this. So,

[24:16] just to just to to summarize, you you've moved it back.

[24:21] where out of the 25 ft buffer cell which you

[24:25] are still within the the larger buffer cell. This is project which could not be

[24:31] built fresh today because of its >> proximity to the wetlands. Right. So

[24:36] this is a pre-existing non-conformant property and what we're doing here which

[24:44] was slightly provy. >> Yes. Okay. So,

[24:48] » and they're outdated >> and there's not much more you can do

[24:52] beyond that. And what I've heard here is you were somewhat constrained by its

[24:58] location. Uh, it has to be near the existing pipe so that you could just

[25:02] replace the feed and not have to do substantial amount of rework inside the

[25:07] facility. >> That's great.

[25:09] » Correct. um boxes. The HBAC boxes are not part of

[25:14] its work, but they also part of the constraints for why it is placed where

[25:19] it is. So, not closer to the to the structure.

[25:22] » Well, I see a well there is >> Yeah, the well's not

[25:28] » correct. I wanted to leave leave as electrical 110.6 leaving working

[25:32] clearances around all the equipment. That's why it was proposed there for for

[25:37] the well working clearances and the HVAC working clearances.

[25:41] » And is the uh I don't see like gradient lines here. I think I heard in the

[25:46] narrative that it's relatively flat area.

[25:50] » Yeah. Don't there are grading lines. I think uh I think that dotted this dotted

[25:56] line is I think that was a grading line. It's always

[26:02] » this isn't 998 that's in 989. So that's only one foot difference. Okay. Got him

[26:08] there. So there's so it is pretty flush. So there's limited risk of of runoff

[26:14] from the construction site into zone but you're going to handle that as I recall

[26:19] from the NOI that you're going to put in the WS the WS.

[26:24] » That's yeah that's the heavy dotted uh black line.

[26:27] » Okay. Can you tell us what the process is to

[26:31] go on the mechanical?

[26:36] » Say again. I uh I I missed that. I'm sorry. Say again.

[26:41] » The mechanical pro can you describe what the mechanical processes are in the

[26:46] mechanical room? >> Yes. So the mechanical room just right

[26:49] now houses uh uh two pumps. We have two sides of the building. We have a

[26:55] dynamics which are shaker tables and an environmental. And right now inside the

[27:01] mechanical room be two pumps in in inside of our existing pump room. The

[27:06] new conx conx box is going to house um two pumps, a um reservoir, and then two

[27:14] towers on top of the conx box. So that'll all be inside of that box. And

[27:19] we will be >> correct.

[27:23] » It's all it's all selfont. It's all self-contained inside the box.

[27:29] » So So what fluids are you pumping? >> Uh water. So So So the two cooling

[27:34] towers just water. All of our equipment inside have heat exchangers. uh closed

[27:39] loop, a supply and a return, and it just uh flows through a heat exchanger and

[27:44] whisks away all the heat, pulls it back to the cooling tower, and the fans on

[27:48] the tower cool it and it just goes around and around and around.

[27:51] » So that's So it's basically just cooling towers, an evaporating cooling tower,

[27:57] » not an ethylene glycol. >> No, no, no, sir. Um it it's all uh it's

[28:03] going to be water and we have there's heaters. We have there's heaters being

[28:07] installed. So for the winter time, that's what we have now is water and we

[28:11] have submersible heaters. So it' all be heated.

[28:16] » So th those were actually my questions. So So just just to make sure I

[28:21] understand. So So the um the uh cooling the new cooling towers, which get

[28:27] there'll be two of them, two new ones, right?

[28:30] » Correct. Um and and two um pumps, heat exchange pumps.

[28:36] » Correct. >> Um and and then and then is the the ConX

[28:41] box as you've described it. Is that is that then something separate?

[28:45] » Yes. It's like a shipping container. Um something you would see on a ship and

[28:50] and and process cooling. Um something that they have designed. They put these

[28:56] two cooling towers on top of the box structurally engineered and uh it's like

[29:02] a self-contained unit. It's going to come with a crane conx box, two towers

[29:06] on top and all the associated equipment would be inside the box. It's pretty

[29:11] » okay. And then >> and so that's so so that's that's all

[29:16] that's all in a self-contained unit which I guess you're calling the

[29:19] mechanical room. >> Exactly. Yeah, we're going to call

[29:22] » which which then just gets lowered down by the crane.

[29:25] » Correct. They're going to they're going to hoist it over. Um, right now we have

[29:29] a mechanical room where the pumps are. That's all going to go away. It's now

[29:32] going to be in the self-contained box and we are we are installing uh spoke

[29:38] with the fire department and we'll be putting fire alarm in there as well.

[29:43] » So, uh, and what kind of a subbase does this uh this box go on? There must be

[29:48] some sort of preparation, initial preparation of the ground that needs to

[29:52] be done. >> I hired a general contractor who has a

[29:56] structural engineer. Um, we gave him the dimensions, the weights of the equipment

[30:02] and uh that was being laid out by a structural engineer. So he would have

[30:07] all that u for the for the permits. >> So So that so um that plan will have to

[30:14] be submitted for the building permit. Um and and and and I and I would say that

[30:20] that should be a condition um in the in the order conditions that the commission

[30:25] get a copy of that as well. >> That's certainly reasonable to do. Yes.

[30:31] And and so and the soil that you remove from there. So you're going to have to

[30:35] do a lot of you're going to remove a lot >> so usually we take the top soil out then

[30:40] what happens to that instead of concern oursight

[30:47] » yeah we just put a condition that says remove it off site

[30:51] » but you know it sounds like maybe there's not going to have to they're not

[30:54] going to have to go too deep but I I think there's going to have to be

[30:57] something will have to be put in as a subbase

[31:01] » fill in the word >> and And what I'll do is I'll speak to

[31:06] the general contractor tomorrow who's going to be in charge of the uh the site

[31:10] work in the concrete and I'll let him know that when he's pays a visit to the

[31:14] building department to have all that uh have all that paperwork and drawings

[31:18] available. >> Yeah, they're definitely going to want

[31:21] plans. No doubt about that. >> Not a problem.

[31:24] » The piping overhead so not to you won't have to trench,

[31:29] » right? The only grounds you're going to start with that.

[31:34] » That's correct. >> Yep. And there was no the existing bad.

[31:38] » No. Leave a hole in >> for the when removing the existing one.

[31:43] » Yeah. >> Now I think I think in the notice we

[31:45] said we put long in it and receat it. >> Yeah.

[31:50] » Yes. >> And we're going to let the area behind

[31:52] the box, you know, between the well and the new box kind of reveate at least a

[31:57] little bit thicker. probably have to do some clearance around the existing box.

[32:01] Um but right now there's probably one foot maybe two feet of clearance uh that

[32:08] gets mowed. So if we can extend that by anything um it's going to be better

[32:14] condition than it is right now. >> Yes. A big improvement.

[32:23] » Yeah. Because because right now right on the corner of the red

[32:28] box. There's a there's a hose that leaks on

[32:38] » basically where all those arrows go. That's kind of the exact point where it

[32:41] it drains in. >> Yeah.

[32:43] » And then it goes into a J, which blows the picture. The pictures for

[32:48] » Yeah. We're sure. >> Um I have just one more question. So it

[32:56] says the covered plywood enclosures. What what are those?

[33:00] » So underneath Yeah. Okay. Yeah. Behind the existing towers uh behind the towers

[33:05] and next to the building are um are plywood little structures that house all

[33:13] the fittings, the plumbing, um the pipes, the supply and return. And those

[33:18] are heat heat tape heat trace wrapped. Um you really can't see it from there

[33:23] which but yeah so that's so underneath it. So

[33:27] below that uh right on that base we have a supply and return

[33:33] » and yeah there's a there's a picture in

[33:36] there that shows the viral sitting. >> So so those are okay. So those are like

[33:42] penetration swing the shell. >> Exactly. The penetration they're just

[33:47] fittings. Uh there there's couple one T and some elbows and uh uh two valves for

[33:53] shutting the water off. Um and and it has all heat trace around it. So that'll

[33:58] all be going away as well. >> Yeah.

[34:01] » Those are those huts there are for our um our shaker tables are all air cooled

[34:07] and those are blowers that that pull air across a shaker table so they don't heat

[34:12] up. That's what those are. But but those those plywood structures can't be

[34:17] permanent, >> are they?

[34:19] » No, those are permanent. Yes, because inside of there are are 20

[34:24] horsepower motors with blowers that pull air across the shaker tables. We have um

[34:32] we have eight shaker tables inside that building, vibration tables, and they're

[34:36] all air cooled. So without that, that the equipment would wouldn't run. Yep.

[34:41] So, so you have no plans to replace the plywood with anything a little bit more

[34:48] » Yeah. permanent you might say. >> Uh with those before there was nothing

[34:52] over the enclosure. A couple years ago they had those built. So those are only

[34:56] about two years old

[35:00] » which that's which that is a separate issue. Those that's the shaker tables

[35:04] blower motors which is separate from the cooling towers.

[35:10] » Yeah. I don't think >> so. So So then, so then Okay. So let me

[35:14] just ask that. So prior to that, were the were the pipes just exposed outside

[35:21] of the building? And and then and and and that was built some time ago. And

[35:28] then as a perhaps more recent

[35:33] uh modification a structure was placed around them to

[35:38] give them more protection from the elements. Is that sort of that's what's

[35:42] going on here right? >> Correct. So I started there 16 years ago

[35:46] and in the eight vibration tables um I just just a little lean to over it

[35:52] without a whole lot of structure or protection for the motors and the

[35:56] blowers. So, those were those were built a few

[36:00] years ago to um give the motors and blowers some protection,

[36:06] » keep it out of the elements. >> And

[36:11] someone might have asked the question, was was that work done

[36:19] under the purview of the building permit?

[36:24] Is I I don't even burns here. But boy, that just seems really odd to have this

[36:30] collection of plywood structures which really do not look to give the same fit

[36:35] finish as the uh exterior of the building.

[36:41] Correct there. It's uh it's uh aluminum siding.

[36:47] It's fiberglass sighting actually. Vertical vi fiberglass sighting.

[36:53] » Right. I mean that is uh I guess a point of order is that outside the scope of

[36:59] this NOI to approach this >> corre correct this is yes

[37:04] » okay

[37:08] your opinion I was asking that of the uh of the other uh con

[37:15] » Oh okay sorry it's but I understand your position on

[37:21] » you know I um I I I I would agree it is outside the scope. However, that doesn't

[37:26] mean the commission can't request if if there are concerns. I you know there

[37:29] wasn't a filing when that work was done. Um so I mean there there might be a

[37:34] legitimate concern um that I mean just thinking you know is is

[37:39] » the buffer then they're very close to the wetlands and and it looks to me like

[37:44] there would be rain and snow melt runoff um off of those roofs, you know, going

[37:50] right toward the wetland. Doesn't look like there's an erosion problem in this

[37:55] photo, but you know there would you have to take a closer look at it.

[38:00] » There's a gravel axis that rubs. >> Oh, that's gravel. That's gravel.

[38:04] » I think it's probably for >> Yes. Yeah. It's gravel.

[38:09] » Yeah. So, if it's if there's already gravel there, you know, the drainage is

[38:14] probably not a concern. Um, but I mean, that's certainly a legitimate point to

[38:19] bring up.

[38:23] to see it. Okay. So, I mean all So, what's the what's the the right

[38:30] here? So, it's outside of this in take it down to the premises building.

[38:38] » And we could certainly ask that Ian maybe go back there and take a look at

[38:42] it if he sees anything of concern. >> Um, he could certainly let us know and

[38:47] then and then we could, you know, deal with it from there. I mean, it's there's

[38:51] nothing jumping out at me just by looking at the photo, but yeah, it's

[38:55] just it's just a photo. And there probably should have been Yeah. some

[38:59] contact made with this commission before that was done at least to say, "Do we

[39:03] need to file?" >> Yeah. Right.

[39:08] » It's just it's clearly inside.

[39:15] » It's outside. It's inside the 50ft buffer zone. Oh, it's closer than that.

[39:20] It's within the 25.

[39:25] » The green is the theation.

[39:31] » So, that seems like a good thing. It's just

[39:35] a field inspection just letting you know to

[39:40] but uh you have answered all the questions on it.

[39:45] » Were the blowers always there? Yes, sir. They were always there. Correct. They've

[39:50] been there. I think the building's been um they element has been there for 30 38

[39:56] years and the blowers have always been there. Correct.

[40:06] » Well, I I don't have any more questions at this time. So then I guess so what's

[40:11] the the next step here would be we would get an email report for Vienna on this

[40:17] findings there and then we would consider this I guess it's my fault to

[40:23] be to write the conditions

[40:27] for this for a future consult. Yeah, that's correct. And our next

[40:32] meeting, I believe, is scheduled for the 16th.

[40:36] Um, we can probably close out then and um

[40:43] have those order the conditions order of conditions drafted for that meeting.

[40:48] » Um, so when you when when you talk about Ian's findings, what what are you

[40:53] referring to? uh on if the if there's anything objectionable about the

[41:00] conditions of the bywood outfield. >> Yeah, I don't I don't I don't think we

[41:05] need to link that. >> Um

[41:08] » keep that separate. >> Have you have you by any chance done a

[41:11] site visit to look at >> No, not those.

[41:14] » Um I I mean I don't know that we really need him to do that at least not at this

[41:20] point. But I don't know how the rest of you feel.

[41:25] » Well, we probably should have a look at them just to do due diligence.

[41:31] » Yeah, I don't I don't disagree, but I mean does do it does that need to be

[41:35] done at this point? >> Well, okay. So, that's not going to stop

[41:38] me from working on work conditions. However, so for instance, BM finds

[41:44] evidence of erosion runoff, >> right? Um

[41:50] » that that might be a >> Yeah, I again that's I think that's a

[41:54] separate process. Um I mean I guess theoretically we put we could put that

[41:59] as a condition in this order, but I I don't think that's the best way to do

[42:03] it. >> Okay. Well, like I said, this it's uh

[42:08] it's it certainly is an interesting discovery. Uh and so I definitely

[42:15] because I can I can see a reason for not making it an impediment to going forward

[42:20] with this. It's it's another pre-existing condition has nothing to do

[42:24] with your right. So linking so making an impediment to

[42:29] that is >> is out of scope.

[42:31] » I mean we we should we should have been contacted. No doubt about that. But but

[42:35] but we weren't and again I'm not seeing anything obvious in this photo that

[42:39] there's a problem but I mean yeah we could ask Ian to take a look at it you

[42:43] know at some point and you know let us yeah let us know his findings. Um we can

[42:49] I think we should also talk a little bit right now about you know some of the

[42:53] conditions to to put in. I have some ideas about that.

[42:59] So, uh, I'm all ears. >> Okay. So, I think, um, as you sort of

[43:04] touched on earlier, um, I think there should definitely should be a condition

[43:08] in there that, um, and maybe this maybe this isn't the

[43:13] right term, but once, but I'll just call it the architectural plans. I think we

[43:19] should there needs to be a condition in there that we get a copy of that. You

[43:23] know, the same thing that's submitted to the building department. Uh, I think I

[43:28] think that that should um yeah, also include the plans for the subbase and

[43:34] that probably and maybe it makes the most sense for that to come from the

[43:38] contractor. Um, you know, we'll certainly leave that up to the

[43:43] applicant. Um, another another thing I'm wondering is do we do and speaking of

[43:53] roof runoff, do do we want to do put anything in the plans in the

[43:58] architectural plans to deal to deal with with that for this this new building? Uh

[44:06] s certainly I don't think it would be very difficult to just put a a crush

[44:11] stone via the trench that goes around the perimeter of the base. Um and I

[44:17] don't I don't I don't know. So so so Ron um Ron Ron off Ron online. Okay.

[44:25] » So So what is what is the shape of the roof? Is is the roof flat?

[44:30] » Yeah. >> I'm referring to the

[44:33] » the ConX box. Yes. >> Yes. Yes. It is flat roof.

[44:38] » Flat roof. But it has the chillers on top so they wouldn't just run off.

[44:44] » Yeah. >> No. Yeah. I can't.

[44:49] » Do you mind if I jump through that? >> Yeah.

[44:53] » I think I put in there. >> It's probably a metal. Yeah. Well, the

[44:57] comics box metal. >> Yes, it's steel.

[45:05] Yeah. Yeah. Exactly.

[45:11] » Is it a like sketch or something? >> Yeah, it's like a

[45:15] kit. >> Uh, is it on the plan itself?

[45:19] » No. >> Like a detail engineering detail?

[45:21] » Yeah.

[45:28] think maybe I didn't because I thought it might be

[45:30] » I could uh I can run one over tomorrow. I have I have photo.

[45:38] » Yeah. So, so that conx right that's an abbreviation for what?

[45:44] » Uh that's a very good question. I just know it's a

[45:47] » it's a manufacturer they for conx. I when I looked up ConX uh like container

[45:53] I believe that's the shipping container and you're saying that something's

[45:57] within it. Um I mean I looked it up I' I'd show it here but I don't think we

[46:02] need to. It's literally all that came up where shipping containers. Um

[46:16] » inside the pot. >> Yeah. Basically those two

[46:21] sticking out from the top. So it's almost two identical

[46:26] » and chillers I think is is being generous with they're just kind of like

[46:32] changes. >> Yeah. Are they the same um like model

[46:36] too?

[46:39] » Negative. Those are those that you're we see on the photo I we don't know what

[46:44] those are. There's no documentation make a model. I don't know. I don't know

[46:48] where they got those. >> So I I tried to find out, but anybody

[46:52] that would have known um whoever put those in there 30 something years ago,

[46:57] they're long gone now and nobody has any information.

[47:02] Well, my what what I'm concerned about what I'm asking about is is there is I

[47:08] mean rain falling on this thing has got to go somewhere. I mean so it I would

[47:14] think it would run off the edge whether the roof is um tilted or not. Um and and

[47:23] and I'm wondering just wondering thinking um

[47:27] you know does it does it make sense to put something uh lining the perimeter

[47:33] underneath the the drip? I don't know if there's like there's a drip edge or

[47:37] anything like that. Um I mean it doesn't have to be very complicated, you know. I

[47:41] think just maybe a foot wide, you know, crushed down filled trench would do the

[47:46] do the trick. But but but maybe maybe you know if we could get more

[47:50] information on that from the manufacturer or the contractor maybe

[47:54] maybe they'll say you know that's not going to be a problem. I mean

[47:59] » yeah not a problem. I'll uh the general contractor is going to oversee all

[48:03] construction. He has all the prints so he can uh I'll let him bring that up and

[48:08] discuss that best course of >> the sketch of

[48:13] » it came from

[48:17] you know >> sounds good

[48:22] » it looks like a shipping container and then the it looks like a business

[48:26] shipping container it looks like that so so yeah to

[48:34] that. So some >> yeah and I I think that's a reasonable

[48:39] request. I think the general contract would probably be happy to have the

[48:43] extra space around it initially working and it would provide to the dirt

[48:48] northern part and you probably thought it does need to

[48:53] meet the storm water standards. So actually that'll help me little

[49:03] » um then then another thing that I think should go in their condition for a a

[49:09] detailed chronological work sequence um for for both the the installation of

[49:17] the new um structure and removal of the the

[49:24] as well.

[49:28] » Right. So you so you gave us a verbal narrative, but we can Yeah, we provide

[49:32] that direction >> and that probably should I would think

[49:35] again should come from the contractor because they're the ones that are going

[49:38] to be, you know, the best vers in that know exactly what they're doing

[49:44] » and and what you what you said all makes sense, right? Just minimize the

[49:49] downtime. We build new system, get it all checked out,

[49:53] » and get it running and then decomp. >> Yeah, we're hoping for like a two-day

[49:58] shutdown just to do a quick changeover.

[50:03] » Then then I would I would also put in there that that the corners of the uh

[50:11] the new structure be staked prior to the start of any excavation.

[50:17] And I guess I ideally I'd like to have Ian go out and just double check for

[50:22] them if he's able to do that.

[50:34] And then I don't I I don't think it would be um unreasonable for you to

[50:40] request the building department check with you first before they actually

[50:46] issue the permit, you know, whether all of the the preconstruction requirements

[50:51] have been satisfied. Absolutely. The order of conditions.

[51:03] And then I think just the other one was the removal of the excavated soil off

[51:08] site. >> So I think that's all I can think of at

[51:11] the moment. Maybe I'll think of something else couple of weeks.

[51:15] » Right. Well, let's excavate soil on that building. I think you already covered

[51:20] the fil.

[51:25] So you remove it then put it new stuff. >> Yeah.

[51:28] » Yeah. You probably included a restoration plan.

[51:32] » I put in the narrative. I think just that it'll be

[51:36] with restoration.

[51:42] » I think it's just dry dry restoration for dry sites.

[51:47] see makes I can provide anything you want them

[51:56] as far as perpetual sort of uh additions right is so so so this is what we've

[52:02] discussed there's a lot of construction that we now do once it's as

[52:07] destruction's done with the

[52:13] perpetual orders of condition right there's I there's no

[52:18] there's no new you're not creating new land that we

[52:23] have to wait till it's seated and stabilized. We don't have to worry about

[52:26] that. There's no uh raid stabilization that has to be done here.

[52:33] » Well, uh and actually um that's that's a good point. We didn't we didn't ask this

[52:38] yet, but what is there any sort of you know like regular maintenance that needs

[52:43] to be done you know on the outside? does mean does any kind of equipment need to

[52:47] get in there on a regular basis, Ron? >> Uh, negative. According to Process

[52:52] Cooling, um, there'll be minimal there be some heat exchangers on the inside of

[52:58] the um, ConX box that they'll they'll shut down. They'll have bypass valves,

[53:03] bypass the heat exchangers, and they clean the core with a wire brush and the

[53:08] shop vac and and then put the bypass back in. And, uh, that's about it for

[53:14] maintenance. It's all basically hand tools. Hand tools.

[53:19] » And And of course that that area back there is mowed regularly, right? And

[53:23] then that will continue. >> Yes, we have a uh we have a um a

[53:27] landscaper that mows it once a week. >> So we probably should include explicitly

[53:32] include that as that. That's allowed as a perpetual condition.

[53:40] » Just regular bullying. >> Yeah. Yeah. I mean that's that's they're

[53:43] doing that anyway but it wouldn't hurt >> just to actually

[53:48] » okay

[53:54] because you already access so there's no extra

[54:00] access road or anything needed there right and I yeah so there's no road

[54:06] proposed there those two wells are actually right

[54:10] » oh but but then but Then um that actually I just thought of something

[54:13] else. So so I think on on the plan like on the architectural plan or it could

[54:18] even be a separate plan. I think we need to see the location of where the crane

[54:24] is going to be staged. >> Um crane that lowers this in. We we need

[54:29] to maybe that can just be added to this plant. You know you know leave that up

[54:33] to you. But I think I think we do need to see that.

[54:42] That's pure because you want to make sure that it's not

[54:47] end up being further encroaching into the buffer. So

[54:51] if you can have >> I think generally it

[54:56] » yeah I mean I think >> there are certainly cranes that are

[55:00] large enough where it could be staged outside the buffer zone. I um sorry to

[55:06] interrupt. If I if I remember process cooling um dealing with the the the um

[55:12] PM and the engineers, they were going to stage the crane in the front parking

[55:17] lot. >> Um

[55:19] » Okay. >> And then they go go right over that

[55:22] corner of the building and set it right down.

[55:26] » And that's certainly outside the buffer zone.

[55:28] » Correct. So, so maybe maybe maybe that could only be a note added to this plan.

[55:35] Again, leave that up to you.

[56:00] It's got a clear two. Yeah,

[56:14] » enough to get started with. >> Yeah.

[56:16] » Okay. Right. So then Okay. So just doing a presumptive close here. I've got a

[56:21] list of nine conditions here that happened before construction and two

[56:27] that happened after minimal maintenance. Minimal maintenance is required, but the

[56:32] number is allowed and lower landscaping is allowed. Right? Just you have access

[56:38] permitted from for the regular maintenance to the to the enclosure and

[56:44] uh access permitted for regular mowing and landscaping of the area out there.

[56:50] So that's what perpetual conditions. There's no other

[56:54] do they need to store any chemicals out there in the

[56:58] in the mechanical room. We need to store any chemicals.

[57:01] » No. Uh no sir, there won't be any chemicals in there.

[57:04] » So that that should certainly be a perpetual conditioning file.

[57:08] » No chemicals.

[57:12] Okay, which should be an easy one.

[57:19] the search.

[57:22] Okay. So then, okay. So we have present to close three eventual conditions. Nine

[57:29] things have to do before the construction begins.

[57:35] Um the next meeting is in two weeks. That

[57:40] will mean for many other would have to be done like next week and put out

[57:49] It's certainly possible.

[57:53] » Well, what what what what we can do is we can keep the hearing open.

[58:00] » Yeah. >> Oh, okay.

[58:03] » Okay. So, that takes a little bit of pressure off you.

[58:09] So, so I'll do the best I can.

[58:14] So add something although it seems

[58:22] » all continue the >> well continue the hearing.

[58:26] » Yeah, we'll continue the hearing and then if we close it next time,

[58:29] theoretically you'll you'll then have another three weeks to uh get the order

[58:34] out. But if you pretty much already drafted it, it shouldn't take you that

[58:38] long. Okay, sounds good.

[58:44] So, uh, if we don't need any additional information, is there, um, a, um, a

[58:50] motion to continue the air to August 16th?

[58:55] » September 16th. >> Oh, September 16th. Sorry.

[59:00] And what is usually 7:45, right? >> Yep.

[59:05] » So, >> has that been moved in second? Yeah.

[59:10] » So, so moved in a second to continue this hearing to September 16th at 7:45.

[59:16] Um, all those in favor say I. >> I. Um.

[59:22] All post say no. No. That motion is unanimous.

[59:26] » Okay. >> Wonderful.

[59:30] » Thank you, Rob. Thank you, Rob. >> Thank Thanks for your time, gentlemen.

[59:34] Have a good night. Yeah, probably

[59:52] » and I asked my coworker child about damn photos and he said Scott

[59:59] » wonderful. Wonderful. >> He did take them.

[1:00:03] » I could tell him to send him a few. Thanks, Ron. All right.

[1:00:09] » All right. Let's see.

[1:00:17] » All right. So, we have one more piece of correspondence. Honestly, I didn't dig

[1:00:20] my teeth too much into this, but let's go into it. We have a proposal for a

[1:00:25] seed and micro library and community education program. We want to take we

[1:00:31] can take a minute to review this.

[1:00:43] So, who is this from >> and where?

[1:00:46] » Um, it is from Lubby Castle and uh it's proposed at the

[1:00:53] Sergeant Memorial Library. Residents will be able to borrow seeds,

[1:00:57] grow them at home. Littleton.

[1:01:02] » Oh, is this like what they're doing at the Littleton Library? Oh. Oh, yeah. I

[1:01:06] really like that. >> That That's really great what they've

[1:01:10] done out there.

[1:01:14] » So,

[1:01:24] » yeah. At the bottom, she says, "I respectfully request a brief meeting or

[1:01:28] conversation with the ad comedy consom to discuss feasibility and

[1:01:31] collaboration, guidance on native plants, pollinators, and save seed

[1:01:35] saving best practices, support, and connecting with local gardeners and

[1:01:39] farms who may wish to contribute seeds." >> Yeah. What's that like?

[1:01:44] » Yeah, absolutely. This is >> is this something that would interest

[1:01:48] the commission in having her come in or is this something that um

[1:01:54] you would want like me to handle on my own? I I'm perfectly fine with either.

[1:02:01] » Well, um yeah, and I think I'm okay as well, but but I would definitely

[1:02:07] recommend if she hasn't already to take a look at what they've done at the

[1:02:10] Littleton Library. Yeah, I think they've done a great job up there that that will

[1:02:16] give her um some very definite uh ideas. I think and and and I would and I again

[1:02:23] I would I would like to see you know um a specific proposal

[1:02:27] um and if and if she yeah and if you know after she reviews the little thing

[1:02:32] if if if she still if she feels she still would like recommendations from

[1:02:37] this commission as to like species to plant whatever. Yeah, that and I think

[1:02:42] we could meet with her. Sounds good. >> Doesn't Doesn't she also to involve

[1:02:49] director of the library? >> I sure like space the library for this.

[1:02:54] So, >> it would certainly be a good thing. It

[1:02:57] is owned by the town. So, um >> not sure she would need to, but you're

[1:03:02] right. It should be something that is is up.

[1:03:06] » I'm guessing that one get >> Yeah. Yes. Yeah, this is this is stuff.

[1:03:13] So, okay. So, that that question is adex listed.

[1:03:19] » Yeah, that's a good question. I I I'll reach out to her and make sure that she

[1:03:23] knows when adcom's meeting. We received this without uh any without pushing her

[1:03:28] or anything. So, I'm guessing that Adcom will be reviewing this same thing at

[1:03:33] their meeting next Tuesday. Um >> yeah. So, so, so to

[1:03:40] » is is friendly to this post. >> Yes.

[1:03:44] » Yeah, I can >> think that should also

[1:03:50] » perhaps just you as the exchange point say the next step would be to to take it

[1:04:00] to the librarian. >> Yes,

[1:04:03] » this concom think this is a good idea. How would you suppose this be made a

[1:04:11] real thing, >> right? Because there's got to have space

[1:04:15] of the library space of something else

[1:04:20] over land. >> Yeah, there might be space.

[1:04:22] » Well, yes, but the person who would know that is

[1:04:26] » it's based on Yeah. >> Correct. I mean, I I would think that

[1:04:30] since she's proposing this at the library, she must have she must already

[1:04:34] have some thoughts about where it would go.

[1:04:36] » Yeah. >> Up there.

[1:04:38] » Two two pods that perhaps

[1:04:45] put >> she's not asking us for any money. At

[1:04:49] least not yet. I'm certainly open to some funding if speak

[1:04:55] » that she decides that's what she would like.

[1:04:59] » So, hope that's enough to wonderful. Yeah, I'll reach I'll reach back out to

[1:05:03] her. Um, great. And then let's go to

[1:05:10] I guess it's just the planners report, right? This is a fun one.

[1:05:15] Um, do I have other things? Yeah. So, uh, I'll go quickly through three

[1:05:21] different potential things we have down the pipeline. Campelli, I had briefly

[1:05:26] mentioned, uh, a meeting or two ago, and, um, Alec had spoken with him and

[1:05:32] said that he does not believe, Campanelli said that they do not believe

[1:05:36] that these next two developments will require any filings. So, I'll keep an

[1:05:40] eye out for that. And obviously when those come into the um planning board,

[1:05:44] the first thing I'll be doing on behalf of the consum is ensuring that they

[1:05:48] don't need to file anything. And if they do um if it's minor potential RDA, uh if

[1:05:53] it's something projectw worthy, then obviously an OI. Um but I'll be keeping

[1:05:58] an eye on that. uh the firehouse uh going in at 984 Massav. There was a

[1:06:04] pre-development meeting between the architects and engineers and some of the

[1:06:10] town staff, fire department, Alec and I um and some other other folks uh

[1:06:16] interested in the project. Um they have not yet submitted anything formally to

[1:06:20] the planning board. Um it is looking like there might be an uh RDA with that

[1:06:25] one. Um it's the wetlands is across the street

[1:06:32] at 975 Mass avenue. You guys will remember we had that project last year

[1:06:37] and um it's it seems minimal enough where it crosses the state highway. Um

[1:06:44] so we'll see once the final project is proposed and submitted to the planning

[1:06:48] board. Um but they have already identified the wetland buffer and I

[1:06:52] can't remember exactly what it is. definitely not uh able to share the

[1:06:56] plans right now, but I think it was like maybe two or three parking lots that

[1:07:01] crossed into the 100 foot buffer. So, um >> Well, and and some of that's going to be

[1:07:07] dependent on what the proposed for storm water management.

[1:07:09] » Yes, absolutely. >> Um so, is there is there I should know

[1:07:13] the answer to this question. Is is there a a a town storm water management bylaw?

[1:07:20] Yes, there's a for the planning board they have to submit a storm water man

[1:07:24] they have to apply for a storm water management permit. It's very similar to

[1:07:28] kind of what we just saw with this NOI. Um but yeah, a lot of that is also

[1:07:33] handled with the town engineer. I won't pretend I know everything about storm

[1:07:37] water um uh you know measurements and and the things that uh we have we're so

[1:07:43] lucky to have Sue deal with. Um,

[1:07:47] and then is that and then we have another one

[1:07:51] perspective uh NOI that might might be coming up within the next couple weeks.

[1:07:55] I honestly can't remember the address of it, but we did have someone asking about

[1:07:59] um filing fees for the NOI that they plan to um file with us so we can keep

[1:08:04] an eye out for that. We will be getting busier. So with that, Mary and I will be

[1:08:09] keeping a tighter schedule of when things are due. Um, obviously she's

[1:08:14] always on top of when things are posted. Um, but with that I will be working with

[1:08:19] Liz to uh if Liz isn't around then I'll be looking to appoint a reviewer. Um,

[1:08:26] and getting everything to folks as early as possible. Um, ideally like a week

[1:08:32] before when when everything's posted and we have all the submissions. Um, yeah.

[1:08:36] » So, so when you say busy, you mean from a regulatory perspective? 5 months?

[1:08:41] » Yes. Yep. Uh, you know, the Campan Alley I

[1:08:45] said is a maybe, but the Firehouse um and this other potential one, those are

[1:08:50] two on the horizon that we uh we're pretty certain of we'll be dealing with.

[1:08:54] Um, whether they're RDAs or NOIs. Um, yeah, we'll be finding that out shortly.

[1:09:00] But, um, let's see what else. The OSRP ice cream social was a week from this

[1:09:07] past Saturday. Um, we had some pretty unfortunate weather. It was like very

[1:09:12] misty. It wasn't raining enough to um cancel it completely, but we did get I

[1:09:16] think about 16 folks come by, mostly members of of like Adcom

[1:09:22] um and I know Liz was there and we did get some residents who had just heard

[1:09:26] about it online. So, that was great. Um luckily those uh things that I made for

[1:09:32] the event are going to be able to be kind of recycled and brought to other

[1:09:36] town events. So, it's not a complete wash, but um more importantly, we have a

[1:09:42] potential EO enforcement order that I had begun drafting today um because I

[1:09:48] had been notified by a resident about tree clearings uh along Massav.

[1:09:54] So, let me first where Yeah. So, let me first um

[1:10:02] just pull this up.

[1:10:11] It doesn't load. There we go.

[1:10:17] So, they did have a filing for an NOI back in I think 2004, 2005. We don't

[1:10:23] have those files on us. Uh or Mary went digging for them. She found the order of

[1:10:28] conditions in the certificate. Um but we couldn't find the plans. But that's over

[1:10:32] 20 years ago. Um, I did check Mass Mapper and uh our assessor's database.

[1:10:38] It seems like there is very clearly wetlands in the area and it looks like

[1:10:42] the limit of their tree clearing on the back side of their property. Um,

[1:10:47] definitely most likely um encroaches either on

[1:10:52] wetland or most definitely within the buffer zone. With that, I let the

[1:10:57] building commissioner know yesterday and um we will be potentially doing

[1:11:02] something about it tomorrow. But with that, I had drafted an enforcement

[1:11:06] order. Um I have some photos as well, but any of this that you guys would like

[1:11:12] more information on, I'd be happy to let you know.

[1:11:17] » So what So what's an enforcement order? Yeah, the enforcement order is also new

[1:11:25] to me. I've never had to deal with one, but um it is pretty self-explanatory

[1:11:29] once you look at the the WPA form. Um I'll show you guys that in just a

[1:11:34] second. I'll show you the other picture. There was a huge tree on this side if

[1:11:40] you can see it here. It looked bigger in real life, but probably at least four or

[1:11:45] five foot diameter. No, this is Flamingo

[1:11:50] Market. Uh after Olympia and Oscars. >> Yes. Great vine.

[1:11:58] » Yeah. >> So So it's in back of there.

[1:12:00] » It is on the back side of there. >> The Conservation Commission now owns

[1:12:04] that that 7.6 acres. >> That's correct.

[1:12:07] » Not on our land, is it? >> It doesn't. It doesn't look like it, but

[1:12:12] it also it we don't know. It may be

[1:12:23] Yes. >> Yeah.

[1:12:25] » I believe we accepted that at the end of last year.

[1:12:28] » Yeah.

[1:12:33] » Nope. We haven't had any direct contact with them, but this might be our first

[1:12:38] here. Um, so let me pull up this enforcement order. Dave, I'm sure you're

[1:12:42] very familiar with this. um enforcement order issued by Conscom to this is the

[1:12:47] owner listed uh address significant tree clearing. So if you want me to move

[1:12:53] change any of this again this is a draft I'd be happy to

[1:12:57] significant tree clearing and removal within the buffer zone across the entire

[1:13:00] southern half of the property.

[1:13:07] » Well, but it says it says the buffer zone.

[1:13:09] » Yeah. >> Well, that's that that's going to be

[1:13:12] their responsibility. Yeah. Yeah. Yeah. Also on the D form, I think most if not

[1:13:17] all of this is um so finding the activity has been is being conducted in

[1:13:23] an area subject to the protection of the wetlands protection act or the buffer

[1:13:27] zone without approval from the issuing authority. Um and then there's other

[1:13:33] parts of this. The activity does violate the provisions in the certificate of

[1:13:37] compliance. I look back >> um conditions.

[1:13:40] » Yep. the essentially same boilerplate uh perpetual conditions that we uh this is

[1:13:49] so I can also get confirmation but this is a certificate without our written

[1:13:54] conditions. What I did was look at the order of conditions that was um recorded

[1:14:01] here >> but the certificate of client should

[1:14:03] reference the perpetual conditions. It just doesn't have them in the recorded

[1:14:07] copy at the registry because it's in the original order here. So, let me just

[1:14:13] » But it doesn't have it doesn't even have a reference to it.

[1:14:16] » I mean, they >> it may

[1:14:18] » it should >> Yeah. Don't scroll down. Can you enlarge

[1:14:21] that? >> Yeah. But

[1:14:25] » uh keep going. Oh, hold on. There we go. I'm going. Okay. So,

[1:14:29] » A through D. Thank you for that. >> That's That's a violation of the

[1:14:32] certificate of compliance. Yes, those would be

[1:14:36] » what they are. Yes.

[1:14:43] » Perpetual. There we go. >> No additional alterations of any kind

[1:14:47] within the wetlands and the buffer zone will be permitted without prior approval

[1:14:51] of the concom. >> That's pretty.

[1:14:55] » Yeah, I believe A through D. And that's the only one that really

[1:15:04] So it's really C because as far as we know they haven't put any new structure

[1:15:12] there's no storage of chemicals but they >> yes but

[1:15:16] » alterations. So this second sentence of the

[1:15:24] » Ci.

[1:15:32] Yeah. Okay. So that so what happens then you so you say

[1:15:38] okay we saw you do this you violated the orders of conditions. So yeah, we'll

[1:15:44] continue through this because then we have the order. This the issuing

[1:15:48] authority hereby orders the following. Property owner, his agents, permites,

[1:15:52] and all others shall immediately cease and desist from any activity affecting

[1:15:57] the buffer zone and/or resource areas. And then I can fill out one or two of

[1:16:04] the following. A restoration plan shall be filed with the issuing authority. Um,

[1:16:08] honor before date or complete the attached notice of intent shall be filed

[1:16:13] with the issuing authority honor before date.

[1:16:16] » So, so go back scroll back a little bit. Um,

[1:16:20] » more no. So, so yeah, the question is the the two under the checkbox resource

[1:16:27] area alterations resulting from said activity shall be corrected in the

[1:16:31] resource areas returned to their original conditions. I mean that when it

[1:16:35] says a resource area there really really refers to a wetland resource area under

[1:16:39] the WPA. This is just buffer zone. So I think it really should be the next one.

[1:16:44] A restoration plan um shall be filed with addition authority on or before

[1:16:48] date for the following you know re uh re replanting the um the buffer zone.

[1:16:56] » Yeah. >> You know with trees

[1:16:57] » with trees. Yeah. >> Yeah.

[1:16:58] » Um and they'll be stay well. Well, well, I would then then then I would then I

[1:17:04] would go down from there. >> Um, keep keep going. Um, that um says

[1:17:12] where it says the property owner should take the following action. I would say

[1:17:15] hire a wetland consultant to to prepare a restoration

[1:17:21] a tree a tree replanting plan for the buffer zone.

[1:17:26] » That seems very >> Yeah.

[1:17:28] » Are there any trees resistant to invasives?

[1:17:31] Yeah.

[1:17:35] » Well, >> I think that is an invasive technically.

[1:17:40] » Oh, well, he said resistant to invasive. >> So, I mean, the way this will work is if

[1:17:44] they abide by it, if they comply with it, they they they they will provide a

[1:17:50] restoration plan where where the consultant will prepare a restoration

[1:17:54] plan and and present it here to the commission and the commission can review

[1:17:58] those kinds of issues. I mean if if if they're if they're opposing all Norway

[1:18:02] Naples obviously we're going to say no to that you know

[1:18:08] » so what was happened here was they they had something in mind the awareness and

[1:18:14] what we seen with camera sees is that a bunch of trees have been cleared cut

[1:18:20] down instead right we don't know if that's the end of it we don't know

[1:18:27] maybe

[1:18:30] Well, but but that they won't be able to see the citizen very much.

[1:18:34] » Well,

[1:18:38] » well, okay. So, um first of all, they have 60 days to appeal it um under the

[1:18:44] WPA. We and um also would have to be appealed under the um the local bylaw.

[1:18:51] Um but but I think I think they both I think we can double check with town

[1:18:55] council but I think they would both then get appealed to superior court. You know

[1:19:00] the the appeal of an enforcement order is not with D. Um, and I presume if if

[1:19:06] they say, "Well, you know, we we want to expand the parking lot," they'll they'll

[1:19:11] they'll come to that, >> right? And then we can we can we can

[1:19:15] make a decision about whether we want to modify this or we say no, you know, the

[1:19:22] the the order of conditions says no for permanent structures shall ever be

[1:19:25] permitted. >> So, this is forcing a conversation at

[1:19:30] the at the very least could happen.

[1:19:34] to say put solar on on side roof, right?

[1:19:41] Yeah. >> We don't know.

[1:19:46] » There's at least >> that's

[1:19:51] » there's at least a 50/50 chance they'll they'll say, "We want to come and see

[1:19:54] you and tell us what we want to do. Tell you what we want to do."

[1:19:59] Right. >> It's the other side of 50. Yeah. They

[1:20:03] get visited from the town council or it's

[1:20:09] what what what happens what what what's what's the state?

[1:20:15] » Well, um because if if uh so first of all, if they have the right to appeal

[1:20:20] within 60 days, they have right to appeal. If they don't appeal then and

[1:20:24] they don't do anything, if they if they haven't not complied with the terms and

[1:20:29] conditions of the enforcement order, then then we take them into court.

[1:20:33] » Yeah.

[1:20:36] » And it's a civil it's a civil case. Yes. >> I think in this case, I don't see any

[1:20:41] crim evidence of criminal activity here. >> Um

[1:20:46] » Okay. Just this is a this is a first. Have Have you had any um contact with

[1:20:52] them? >> No. Not yet.

[1:20:53] » So, um you'll you'll put your your name and contact information in the

[1:20:57] enforcement. >> I have that somewhere here.

[1:21:00] » Um and hopefully hopefully if you get a call hope, you know, um and then, you

[1:21:06] know, even if you don't get a call, I think you should, you know, try and

[1:21:10] establish communication and ask to do a safe visit.

[1:21:12] » Yeah, absolutely. >> So, then this gets delivered to them as

[1:21:15] a certified letter or something. >> Yeah.

[1:21:17] » Yeah. It can also be uh brought to them in person. It says

[1:21:22] » signature of delivery person or certified mail number. So Ed could bring

[1:21:26] it to them tomorrow. >> Yeah.

[1:21:27] » Um if if if you if you send it by by mail, you should send it by both

[1:21:33] certified and regular. >> Okay.

[1:21:35] » Because because more often than not they they will not accept the certified and

[1:21:40] that'll come back, but the regular mail will not which means that they did

[1:21:45] accept it. They accepted that. Okay.

[1:21:51] Okay, wonderful. I have my marching orders.

[1:21:56] The enforcement orders can be very interesting.

[1:22:01] » I'm excited.

[1:22:09] » Is this Are we requesting CDC fun?

[1:22:17] CPC >> looks like

[1:22:20] » disease. >> Um we might

[1:22:23] » we haven't Yeah, we haven't discussed that yet, but that's certainly a

[1:22:26] conversation we should probably have at our next meeting. Um

[1:22:30] » usually we have >> Yes, we do. Um it will be another

[1:22:35] conversation um that we get to have and kind of

[1:22:40] conjure up >> and and you can also maybe be dependent

[1:22:43] on our next Perkins Woods working. Yes, there's a possibility there. We might we

[1:22:50] might request it might be a joint application between this commission and

[1:22:53] adcom for CPA funds. >> Yeah.

[1:22:56] » Something something to talk about. >> Sure. So something will be coming.

[1:23:01] They're going to meet tomorrow.

[1:23:09] » We just don't know what it is yet. Well, I mean, I think the 10,000 is probably

[1:23:12] pretty much a guarantee that request be anything additional

[1:23:17] » W to be TBD.

[1:23:21] » Okay, that's all the business I have. Let me just double check through this

[1:23:25] packet. Uh,

[1:23:29] nope, that's everything I have.

[1:23:34] » So, anyone have anything else?

[1:23:39] Well, I think we just got >> that was that was everything in the

[1:23:42] house.

[1:23:48] » Um, so is there a motion to >> I?

[1:23:56] » Uh, that motion is not debatable. All those in favor say I.

[1:24:00] Wow.

Conservation Commission September 2, 2026

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