[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[0:01] Thank you. I am going to call the Conservation Commission meetings order. Once I call you, that's okay. Sorry. Just a couple of reminders. These meetings are recorded by North TV. We have one conversation at a time. If you want to speak, identify yourself, speak into the microphone and sign in on the sign in sheets. And I don't think this will be applicable, but how a restrict comments to people with standing.
[0:31] which means applicants of butters and residents of Plainville.
[0:38] All right.
[0:39] All right.
[0:40] First item on the agenda is the continued public hearing
[0:44] for 120 Washington Street.
[0:49] We'll have.
[0:50] They have requested to continue because there is nothing new
[0:56] to present.
[0:57] The peer reviewer was out there on site.
[0:59] What landscape reviewer was out there last week with me
[1:02] and the applicant's engineer went over some things, checked out some of the spots of interest.
[1:10] He was aiming to have a report today, but there's a couple things he wants to investigate
[1:13] a little further, so he won't have the report for today, and he wants to go back out to the
[1:17] site next week, so we're working on setting up a date for that.
[1:22] So the report should be into the board ahead of the next meeting.
[1:27] There's also a letter here in the packet from Chris Renee, that was written to both planning
[1:33] board and conservation.
[1:35] I'm going to have a butter on 128 Washington, so we don't have to read through it if you
[1:41] don't want to, if we could get a motion to place it on the record.
[1:51] Motion to place the letter from Chris Brennan, this is for the record.
[1:57] Thank you.
[1:59] Thank you.
[2:00] Thank you for the discussion.
[2:02] All those in favor?
[2:03] Any opposed?
[2:04] Thank you.
[2:08] So we continue to October 13th.
[2:11] Yes.
[2:12] The next meeting.
[2:15] And to take the motion to continue on 20 Washington Street to October 13th.
[2:21] Motion to continue.
[2:22] One for eight Washington Street to October 13th.
[2:25] Thank you.
[2:25] Thank you.
[2:26] Motion made in second.
[2:27] All those in favor?
[2:28] Any opposed?
[2:29] Alright, thank you.
[2:34] Next item on the agenda is the public hearing to consider the application
[2:38] for McDonald's and I need to read the public hearing notice, right? Yep, it's in there
[2:46] and on the screen as well. So before you start talking. Okay, pursuant to the provisions
[2:54] of the Plainville Stormwater Management bylaw, the Plainville Conservation Commission will hold
[2:59] public hearing on September 22nd, 2026 at 530 p.m. at the Plainville Town Hall,
[3:06] 190 South Street to consider the application of a McDonald's corporation for a land
[3:11] disturbance permit for nine taught in the street, Plainville Mass, and to provide any additional
[3:17] permits as maybe determined necessary during the public hearing for the work shown on the submitted
[3:22] plans. The applicant proposes rebuilding the existing restaurant with improvements to the site
[3:29] and stormwater management.
[3:31] The properties located on a Sussars map 10, parcel 11,
[3:34] a copy of the application is on file with the Office
[3:37] of Conservation, and may be inspected during normal business
[3:40] hours, Monday to Thursday.
[3:43] Digital copies of the application may be requested
[3:45] by calling 508-576-8494.
[3:49] Any person interested or wishing to be heard regarding these
[3:53] applications should appear at the time and place designated.
[4:00] are have your presentation on a screen so just let me know when to switch
[4:05] slides and okay. Sounds good. Thank you for having us here tonight. My name is
[4:12] Maggie Laircy. I'm with Lincoln Engineering and with me is Alex Brickett from
[4:17] McDonald's Corporation. We're here tonight to seek approval for our project. It's
[4:24] within the groundwater protection overlay district which triggers the
[4:27] stormwater land disturbance permit.
[4:31] So the existing McDonald's restaurant is at nine taught in street.
[4:36] It has been in that location, I think, since the late 60s, 70s.
[4:43] It is there for a former prototype when it was more of a restaurant style sit down.
[4:50] So there's 67 parking spots and it doesn't really kind of fit the current model of the restaurant,
[4:57] which is more drive-through, mobile orders, that sort of thing.
[5:03] So our proposal is to remove the existing building and replace it with updated site circulation
[5:13] landscaping, stormwater management.
[5:16] Did you go to the next slide please?
[5:20] So as I said, it's in the commercial shopping center, commercial district, groundwater protection
[5:27] overlay. You see here is an existing area of the site, some photos from Google Maps.
[5:36] What I have circled in red on that plan are that two catch basins on site. The site generally
[5:42] sheds water from the rear of it towards taunt and street. Some of it might get captured
[5:49] in those catch basins, but most of it flows undetained into the street with no treatment or
[5:58] retainage of any kind.
[6:04] Yeah, so you can go to the next slide, TJ.
[6:09] So, what you see here is the proposed renovation and new site layout so that proposed
[6:17] building is about 4,000, a little over 4,000 square feet.
[6:22] We're reducing the parking count to about 23 spaces.
[6:25] It's a double drive through which just helps with the efficiency of the site, and then we're
[6:32] increasing the green space and landscape area by 15%
[6:41] you can keep going to that next one.
[6:44] It's probably more of what you guys are interested in.
[6:46] So the grading and drainage plan is shown here.
[6:52] There's really no significant changes in grading, we're not putting any retaining walls or
[6:58] things, sites relatively flat as it is, but we are installing several catch basins or
[7:06] with deep, some putted catch basins throughout to capture the stormwater and that will
[7:13] be rooted to water quality units and two infiltration systems. So on the western side of
[7:22] say there's an open infiltration basin, it's about four feet deep.
[7:30] And to the east side, there's underground infiltration chambers. These are, they're overflows are connected into the municipal system, but it's a significant decrease in the amount going there.
[7:46] or the peak rates going, so that's a boost, the municipal system.
[7:53] We did recognize that the town of Plainville has their MS4 permit, which requires 80%
[8:00] TSS removal and 50% total phosphorus removal for redevelopment, which we have met and actually
[8:08] the total phosphorus because we were able to do infiltration or proposing infiltration on
[8:13] site, we are actually at 90% reduction because we're in the ground water or really districts
[8:22] and it's a zone two. It's considered a critical area through mass DEP standard so we designed
[8:30] it for one inch water quality volume and met the required recharge and water quality treatment
[8:40] through that requirement as well.
[8:46] So the site reduces peak flows for every storm required.
[8:50] I think you guys do the one, two, 25, be 1500.
[8:56] But we reduced that those peak rates for every storm between 42 and 78%.
[9:02] I did notice that you guys require the analyzed peak volumes.
[9:08] There is a slight increase between one and five percent for every storm,
[9:16] but we are reducing
[9:18] the peak rates and kind of the intent I think, and correct me if I'm wrong, but it's
[9:23] to reduce chance of erosion and transport of sediment and pollutants, and I think this project
[9:30] as designed really, it's a huge improvement for the site, so hoping we can work through that.
[9:42] And I think that's kind of where I want to leave off and open it up to question any questions.
[9:49] You have, we did submit to the peer reviewer a few weeks ago, and we haven't received
[9:56] They're later yet, but we present it to the planning board last night and we will be submitting to the board of health as well.
[10:08] Did you get anyone to add anything?
[10:11] I don't know, pretty much sums it up.
[10:13] Land disturbance, permit, no wetlands or anything.
[10:17] And like you said, we're waiting on the grave's peer review, which we'll cover the stormwater for here.
[10:24] So I just want to clarify one of the comments that you made, you said initially I think
[10:29] that most of the water currently runs towards the right amount of runs towards
[10:34] time street and then you said to the properties most of the flat.
[10:37] So is there any great changes going on or is just the addition of the catch basins for the water?
[10:45] Yes, so there is some slight slight greeting, like you'll notice if you go to the existing
[10:50] I, you know, the catch pieces, really set down a foot and a half from the existing great
[10:55] end.
[10:56] Yeah, it was a trip on and every now and then.
[10:57] Yeah, so here, can you zoom in a little on this?
[11:04] So we are the proposed watershed plan for this is the site.
[11:10] It's kind of split in half on either side of the building, so the water will shed to the catch
[11:17] face and so the right and to the left before and really there isn't any that's going directly
[11:24] to the street it's all routed into the site.
[11:30] All right.
[11:30] Thank you for that.
[11:34] Any other questions?
[11:37] The Board of Health is pretty rigid on that peak volume so you better take another look at
[11:41] that.
[11:42] The peak volumes?
[11:43] Yes.
[11:44] Okay.
[11:48] So these are the handification.
[11:49] Bob is also on the Board of Health.
[11:51] Okay.
[11:51] That's what you see. We can see if we can. Yeah, we'll take another look at that.
[12:06] Any other questions in the comments?
[12:10] I have a question. How long is the construction in a big?
[12:13] I did the structure duration of approximately 120 days. That's what we target.
[12:18] Yeah, but it is instruction. The surprises do happen, so it's subject to change at
[12:26] So
[12:30] we're just continuing this to October 13th.
[12:34] That or the following meeting, would you guys like we have a 13th or maybe 27th?
[12:45] Yeah, 13th or 27th of October, the next two.
[12:56] We'd want to come back when we are able to respond, I think.
[13:11] I'm sorry, I'm sorry to the 27th.
[13:14] All right.
[13:15] I intend the motion to continue the McDonald's application to October 27th.
[13:23] Motion to continue the McDonald's application to October 27th.
[13:28] Second, motion made second and further discussion.
[13:30] All those in favor? I post. Thank you very much. Thank you. Thank you.
[13:42] Okay. Next item on the agenda is a correction to the order of conditions fits his words away.
[13:48] So I was in the process of getting all of our recent applications over to DEP for filing with them for decisions that were made here on OOCs and whatnot.
[14:01] And Tisbert's way was mistakenly given a DEP number in our files that actually belonged
[14:09] to 128 Washington Street.
[14:12] And one Tisbert's way, the N.O.I. shouldn't have a DEP number because it doesn't get
[14:18] filed with DEP.
[14:19] It was only the local wetlands by law.
[14:22] And so DEP advised me how to do a correction.
[14:26] And so I have the correction to sign tonight.
[14:28] It just whites out the top of the page where the DP number was, is this NA and then there's a heading under the title that says local permit only.
[14:39] I can send that down towards either now or at the end of the meeting.
[14:45] Just on the whole thing off.
[14:47] So stick around a minute after.
[14:49] I can send that right down to be signed.
[14:53] Well that was nice and simple.
[14:56] Yep. Any questions on that?
[15:01] Distant administrative piece, luckily the applicant hadn't recorded it yet, so we'll get this corrected and they can pick it up and record.
[15:37] both zoning and conservation issues. We support for building commission as authority to act
[15:43] in the town's best interest. And our discussion tonight is solely focused on the conservation
[15:49] issue. The zoning issues are being addressed separately by the appropriate town boards and commissions.
[15:56] So just to reiterate, we're addressing the conservation item only in the enforcement order.
[16:04] The generally accepted process is for a complaint to be filed with the Conservation Agent.
[16:09] The Conservation Agent will include the complaint on the next meeting agenda and, at that meeting,
[16:15] the Conservation Agent will inform the Conservation Commission members.
[16:19] Discuss the issues in the complaint and update the Conservation Commission if any investigation has been performed.
[16:26] As appropriate, the Conservation Commission will discuss and investigate the issue, possibly
[16:32] including a sidewalk, and if warranted, the Conservation Commission will ratify the
[16:36] decision and issue the enforcement letter.
[16:39] Alternatively, the Conservation Commission members can raise concerns to the Conservation
[16:44] agent directly that will be addressed and investigated in the same manner.
[16:49] As examples in my recollection, there have been potentially three enforcement letter scenarios
[16:55] in the past year or so that were addressed by the Conservation Commission. The first two were initiated
[17:01] by neighbor complaints, whereas the third was initiated by the Conservation Commissioners.
[17:07] Once a year was the complaint filed for Hank Cox Street that argued that horsemenor was being dumped
[17:11] too close to the riverfront. This complaint was investigated by the Plainville Conservation agent,
[17:16] which was Kevin at the time, and myself as Conservation Commission chair.
[17:21] And if you remember, this is the project that the neighbor went directly to Mass TEP, so Mass TEP was involved with this as well.
[17:32] Anyway, after investigation, it was determined that the no violations existed because the Minoa was more than 200 feet away from the riverfront, and known for what it was issued.
[17:43] The second scenario was the complaint filed by a neighbor for Hawkins Street.
[17:48] I think that everyone is aware that the enforcement letter was issued and the case is currently
[17:51] being addressed in the courtroom.
[17:53] We actually went to discuss that on the agenda next.
[17:58] This I think was the most recent and if you remember there was a delay in issuing the letter
[18:02] because we had not ratified the decision and we did go back and correct that.
[18:09] The last scenario was for 65 fails, row, just to distinguish from 16 fails, row, when the conservation
[18:16] commission members were noticed activity while investigating Hawkins Street, because the properties
[18:22] are adjacent.
[18:24] After reviewed discussion and ratification and enforcement letter was issued, in this case
[18:29] on fails, row, the property owner is cooperating towards a resolution.
[18:36] Unfortunately, the process was not followed for the enforcement letter that was issued for
[18:42] So due to the fact that there was no complaint delivered to
[18:46] discussed by investigated by or ratified by the
[18:50] Conservation Commission regarding any wetland violations
[18:53] occurring at 439c cell street, no enforcement action
[18:57] actually exists for this property from the Conservation Commission.
[19:03] Conservation agent TJ and I are still determining what form of
[19:10] and C cell street property owner.
[19:13] Of course, if anyone believes that wetland violations
[19:15] are occurring at 439 cell street,
[19:18] then they are welcome to submit a complaint
[19:19] that will be processed appropriately.
[19:23] Similarly, if anyone disagrees with this decision,
[19:26] they are more than welcome to appeal and talk to TJ.
[19:31] That was just a statement that I put together
[19:34] with TJ.
[19:37] The process was not followed.
[19:38] we never ratified any enforcement, the aforementioned enforcement exists at this point in time.
[19:47] That's sum it up. Yeah, Mr. Chair. Not that no violations exist. We're not saying that. We just
[19:53] had, don't officially have an enforcement order that the commission is ratified. Thank you. I appreciate
[19:59] the card of course. And again, just to reiterate, we are focused on the conservation issue. There were
[20:05] multiple issues in that letter, the other issues are still being addressed by the appropriate
[20:12] town boards.
[20:14] I just want to reclareify that.
[20:17] Does anybody have any questions or comments?
[20:23] The additional information is presented by a
[20:33] wetland specialist provided by the applicant that we provided our own investigation plan.
[20:48] So the Matt Mower report is in the record, so that has been submitted and included in the record.
[20:55] we have not done any investigation because at this point in time there is no
[21:00] complaint before us to investigate.
[21:05] I mean I hate this on like I'm splitting
[21:06] hairs but there's there's nothing for us to investigate because no complaint has
[21:11] been submitted to us. That's why I'm reiterating if somebody thinks there are
[21:17] violations occurring they need to submit a complaint so that we have a reason to
[21:22] best to get.
[21:26] As it stands right now, again looking at the letter, we are out of the discussion
[21:33] for the wetland issue only. The appropriate time boards that are involved with the zoning
[21:39] or other issues are addressing it.
[21:47] Any other questions or comments?
[21:53] Yes sir.
[22:02] Stanley, why that's so stupid.
[22:30] I have three little questions I would like to see if we can get some clarification on.
[22:37] So, who actually made the complaint?
[22:42] I don't know if we have that information because the letter came directly from the building inspector.
[22:50] We have to defer to him and he's not here, so Kevin Ballon. Kevin Ballon?
[22:55] Yeah. There was no complaint actually filed by anyone.
[22:59] It was during, well, there was zoning complaints files
[23:02] and then the building commission
[23:03] that was putting together his letter.
[23:05] He was reviewing the areas from different years
[23:07] and noticed there was some changes to the images around
[23:12] where the mass map or had wetlands mark.
[23:15] So he approached Kevin, the conservation agent at the time,
[23:20] and ended up including those in the letter.
[23:24] And so I did hire a botanist, a specialist and we walked the entire property and it was
[23:34] determined that there is no well in this year.
[23:38] So the cost of that, who reimburses me on something like that and ask you to do it, so
[23:47] nobody.
[23:47] But
[23:55] he said the conservation, the town of Plainville, conservation agent, or are the buildings
[24:03] back though?
[24:04] Usually if you want to spend money, you ask permission first, not spend the money and then
[24:08] send this a bill.
[24:09] Sorry?
[24:10] No appropriation.
[24:11] No payment.
[24:19] I do have the right to, I guess, sue the town if I had to, to recoup the money that was
[24:28] spent.
[24:29] No one asks you to do it. Nobody orders you to do it.
[24:32] Nobody orders you to do it.
[24:33] Nobody orders somebody to put a complaint on a piece of property
[24:37] that you can tell us the complaint.
[24:40] Nobody asks you to prove anything.
[24:44] And so now going forward is very policy for complaints
[24:51] if I have a complaint that I want to file.
[24:55] Who do I have to see and how is that get done?
[24:59] So, as I just reviewed the complaint, if you or anybody has a complaint about any particular
[25:06] issue or problem or property in town, you contact TJ as the conservation agent, he will
[25:12] get the information that's required and then present that information and complaint to the
[25:17] board for the board to discuss, and it will be on the agenda for public knowledge.
[25:25] So I guess it goes back to, I guess at this point I wait for a letter as is that what the standing right now.
[25:36] So at this point between conversations that TG and I have had, we're not sure what the next step is as far as even, but a written acknowledgement needs to be sent to you,
[25:48] essentially stating that the Wetlands violation is not in, you know, I'm going to use the term in existence.
[25:55] I don't know if that's the appropriate term on the table.
[25:58] No, there's no longer on the table.
[26:00] But there's no longer on the table.
[26:03] Okay. Thank you.
[26:06] All right. Thank you.
[26:11] Any other questions or comments?
[26:17] All right.
[26:19] So then the next item is 41 Hawkins Street Enforcement.
[26:25] We got an update.
[26:26] We do, Mr. Chair. There is, as the complaint has been filed with the court, and a hearing
[26:33] is scheduled on the town's motion for a preliminary injunction is scheduled for September
[26:39] 30th at 2 p.m. in the Norfolk Superior Court in Dettum. I will be attending along with the
[26:46] Board of Health Director, and I believe the building commissioner as well.
[26:51] So, I'm sorry, what was that date again?
[26:53] September 30th.
[26:55] Oh, next Wednesday.
[27:10] So, do you need anything?
[27:13] I mean, you've got all the files, and so,
[27:16] I know that at one point at a minimum Kevin and I,
[27:20] because it predated you,
[27:22] spoke to your town council,
[27:24] just that this might be happening,
[27:27] and he kind of told us to be prepared.
[27:30] So, as far as, you know, it's just the three of you
[27:32] that are going to. Yeah. I'm not looking to be included. Believe me. Yeah, the three of us will be there
[27:39] and working with town council on preparing for it. Okay.
[27:45] Well, thank you for representing the town. Of course.
[27:47] Yes, if you have any questions prior to that way of preparing, please don't hesitate to call. Okay. And the property owner
[27:53] is still not been responsive to. Right. Right.
[27:59] Okay.
[28:04] So while we're on the topic of enforcement,
[28:05] not for tonight. But can I ask you to just get an update on 65 fields road in the next
[28:14] one or two meetings as time permits?
[28:19] That's only the one that's up. I mean that guy has been
[28:22] very cooperative. He made some plantings that unfortunately died and he had some delays built in
[28:29] and I know we extended his timeline. But he has shown up and been very cooperative. He's working
[28:35] a lot with Kevin Diraclet. So if you can just get an update, just to know where things stand.
[28:40] Yep, sure. All right. I appreciate it. Thank you.
[28:47] All right, agent update.
[28:50] I don't have any updates.
[28:52] I can think of running right through this meeting. I like it. All right, meeting minutes of August 25th.
[29:02] Just so everybody knows, I read them initially. It said that don't open the meeting, but in this
[29:06] I was there, so I didn't make an update that I, over the meeting, not on.
[29:12] Over the grant, entertain the motion to accept the meeting minutes of 825.
[29:16] Most of them accept the meeting minutes of 825.
[29:21] Okay.
[29:21] Motion made in second.
[29:22] You further discussion?
[29:23] All those in favor?
[29:25] Aye.
[29:25] A post.
[29:28] The next item on the agenda is the minutes for 98, which was sent out.
[29:31] I don't know if you want to take five minutes.
[29:33] There are only two projects that were both continued.
[29:37] So I don't know, people, maybe while we sign that document, people can read the minutes and we can approve these instead of delaying that because there's no reason to the way or to continue.
[29:49] I think-
[29:50] It's-
[29:53] They were sent out earlier.
[29:56] They were also included in their private opinion.
[29:58] They were sent out earlier.
[30:02] I just seem to get it done.
[30:06] I'm going to sign up the red tab, the signature page.
[30:26] And this is the two originals?
[30:28] Yes, two originals.
[30:45] You ready?
[30:46] Oh, yeah.
[31:01] Where am I signing?
[31:03] With a red tab, sir.
[31:18] The same document, just two originals.
[32:47] Oh, yeah.
[32:48] Let's try.
[33:13] The last thing that I wanted to discuss,
[33:16] I sent out the land inventory sheet to everybody again via email
[33:23] I don't think that's been updated since 2023
[33:29] I don't know if there is a process or responsibility for somebody to maintain that or if that was just something Chris was doing
[33:37] I don't know if that's something you can find out and figure out or what we need to do
[33:42] Again, I'm not trying to build these on top of people, leave me,
[33:49] but if there's any way we can or should update that.
[33:54] So again, TJ and I were talking earlier.
[33:57] For example, I was looking for Haynes Road, Haynes Road is not on the list.
[34:01] If you look at the spreadsheet, I think the first four items all have the same reference point between 495 and Lake Miramishi.
[34:11] So I don't know if we can clarify those in any way or update them, but I'd like to start using them as a reference to maybe start doing some hikes again, not that the weather's cool, hopefully the ticks have gone back to bed, maybe we can do some hiking if anybody's interested.
[34:27] I was talking to CJ, I was likely to do Haynes Road just to kind of get that back up on the
[34:32] priority level, because I know it's falling off.
[34:36] I had a selfish interest of doing Telford Park, that land behind there, but I know you told me
[34:42] that that was mostly North Out of our land, so I don't know if we can even do anything.
[34:48] But if people can review this spreadsheet, please, and just start making updates there, or
[34:53] ask for updates and we'll figure out how we get it updated.
[34:57] maybe it becomes a conservation chair responsibility.
[35:00] Yeah, no, I can, I mean, I can certainly work on getting it up to date.
[35:04] It's just the knowledge of different things.
[35:06] So if you know of something that's wrong,
[35:08] you know, needs to be updated past along to me.
[35:11] I have a binder of course.
[35:13] Yeah, I don't know if it makes sense to everybody else.
[35:16] Yep.
[35:16] I also have a binder full of all the easements that Chris helped put together
[35:20] for, you know, the ability to walk through different places
[35:24] and different conservation restricted areas that we may not own.
[35:29] So there's a list of easements in that spreadsheet.
[35:32] Other than that, can please be verified until you're a list.
[35:36] I don't know.
[35:36] Yeah, cross-check it.
[35:39] But yeah, I don't know that it's a legal responsibility as much as a best practice.
[35:43] I know places I've worked before.
[35:45] You see a piece of land, the town of City Hills.
[35:47] Like, oh, why don't we just sell this?
[35:49] No, no, no.
[35:50] Wait a minute.
[35:50] You did a deed research and it was deited to the town or given to the town with a permanent
[35:55] restriction so you have to have to know these things.
[36:00] Okay.
[36:01] Entertainment motion to approve the meeting minutes of September 8th.
[36:06] Motion to approve meeting minutes of September 8th.
[36:10] Okay.
[36:10] Thank you.
[36:10] Motion is made in second.
[36:11] All those in favour?
[36:13] All right.
[36:13] Any post?
[36:16] All right.
[36:19] Anybody have anything else to want to bring up?
[36:25] All right.
[36:26] entertain a motion to adjourn. Motion to adjourn. Second. Thank you. Motion to be
[36:31] making second. All of us in favor. Any pose? All right. Thank you all very much. Thank you for
[36:37] attending.