1
00:00:00,960 --> 00:00:09,200
All right, the time is 6:30 and a quorum
being present, I call this meeting to

2
00:00:05,359 --> 00:00:13,920
order. First item on the agenda is the
approval of minutes for July 15th and

3
00:00:11,599 --> 00:00:20,160
August 12th. Are is there any discussion
for those minutes?

4
00:00:17,039 --> 00:00:23,439
They look pretty standard to me.
>> So I will request a motion to approve

5
00:00:22,560 --> 00:00:25,439
those minutes.
>> I will make a motion to approve those

6
00:00:25,039 --> 00:00:27,199
minutes.
>> Do I have a second?

7
00:00:26,720 --> 00:00:30,880
» Second.
>> All those in favor? I chair votes I as

8
00:00:29,920 --> 00:00:37,200
well.
>> All right. Agenda um item A is a public

9
00:00:35,040 --> 00:00:43,520
hearing a request for determination of
applicability for Isaac Reyes 36 Shady

10
00:00:40,079 --> 00:00:49,200
Lane Assessor's map 99 lot 78. This
applicant has requested a continuence to

11
00:00:46,000 --> 00:00:53,280
the 916 2026 meeting. Could I have a
motion to continue this to the 916 2026

12
00:00:52,719 --> 00:00:54,719
meeting?
>> So moved.

13
00:00:53,840 --> 00:00:56,719
» Do I have a second?
>> Second.

14
00:00:55,120 --> 00:01:01,359
» All those in favor? I
>> chair [clears throat] votes I as well.

15
00:00:58,480 --> 00:01:07,280
Um all right. Agenda item B is a public
hearing request for determination of

16
00:01:03,280 --> 00:01:12,880
applicability for PJD. Bernardo 45
McNeel Way assessors map 33 lot 44. Is

17
00:01:10,479 --> 00:01:18,400
there anybody here for that? Could you
please come up and then if you just want

18
00:01:15,520 --> 00:01:24,080
to introduce yourself and then explain
what this uh RDA is all about.

19
00:01:21,439 --> 00:01:29,439
» Hi my name is Jay Henshaw. Actually, I
represent Jiala Pools, which is

20
00:01:25,759 --> 00:01:35,439
representing 45 McNail Way. Uh, we're
requesting uh lenience on building an

21
00:01:32,079 --> 00:01:39,759
above ground pool. Now, if you've read
the narrative, it's kind of lengthy, so

22
00:01:37,360 --> 00:01:43,520
I'll try to shorten it down pretty much.
This entire property is completely

23
00:01:41,759 --> 00:01:47,439
surrounded
by wetlands.

24
00:01:45,439 --> 00:01:53,680
It's a large property, but very small
usable portion of it. Uh, the homeowners

25
00:01:51,040 --> 00:01:58,159
are pretty ecologically
conservative people and they've opted to

26
00:01:56,560 --> 00:02:05,040
do an above ground pool for this project
instead of a more, you know, intrusive

27
00:02:00,880 --> 00:02:11,920
inground pool. It's a flat property.
It's a small project really 16x 28

28
00:02:08,560 --> 00:02:17,360
overall uh ground disturbance. It's
going to be basically just removing sod.

29
00:02:15,040 --> 00:02:21,040
Once the sod's removed, [clears throat]
uh we're just going to put down a

30
00:02:18,400 --> 00:02:27,520
masonary sand and the pool will sit on
that. the uh

31
00:02:25,599 --> 00:02:33,200
the time it'll take and the you know for
a disturbance would be a day.

32
00:02:30,400 --> 00:02:37,440
» We'd like to bring in a small mini skid
steer to remove the saw that would be

33
00:02:35,599 --> 00:02:42,360
there probably for about 40 to 50
minutes be on the property and then

34
00:02:39,360 --> 00:02:42,360
gone.

35
00:02:42,800 --> 00:02:49,440
And that's really all there is to it.
We're using a uh we'll be installing a a

36
00:02:47,200 --> 00:02:53,360
cartridge system so no back washing, no
water discharge under the ground. What

37
00:02:51,040 --> 00:02:57,280
are you planning on doing with the sod?
>> Uh, we'll probably have to take it off

38
00:02:55,200 --> 00:03:02,147
off site most likely because I don't see
any place you could we could put it.

39
00:02:58,800 --> 00:03:02,147
» Okay. [clears throat]

40
00:03:02,720 --> 00:03:07,080
» It's not a lot. So,
>> no.

41
00:03:07,200 --> 00:03:12,879
» Uh, cartridge system. Does that mean um
salt water?

42
00:03:10,800 --> 00:03:16,080
» No, no, no, no. It just means no. You
don't have to bag wash basic paper

43
00:03:15,120 --> 00:03:18,959
filters.
>> Oh, okay.

44
00:03:16,800 --> 00:03:22,000
» Well, kind of. Kind of. That sort of.
Yeah, that's the idea. But they're not

45
00:03:20,480 --> 00:03:25,599
paper anymore. [clears throat] Fabric
filters to catch it.

46
00:03:23,200 --> 00:03:26,400
» It's a basic like it's an air filter.
>> Yeah.

47
00:03:25,920 --> 00:03:29,360
» Yeah.
>> Exactly. So there's no you're not

48
00:03:28,080 --> 00:03:32,879
discharging water when you're cleaning
the filter. When you use most typical

49
00:03:31,519 --> 00:03:36,799
filters, you either if you're using a
sand system, you have to backwash the

50
00:03:35,440 --> 00:03:40,480
system, which is reversing the flow of
the water and flushing water out onto

51
00:03:38,400 --> 00:03:44,159
the ground. That's treated water, which
you don't want to do with wetlands. Uh

52
00:03:42,319 --> 00:03:48,640
same similar thing with DE. You don't
want to be dumping DE into the wetlands,

53
00:03:46,480 --> 00:03:54,400
you know, that's never going away.
You know, so cyrs

54
00:03:51,920 --> 00:03:58,400
basically uh
non-intrusive,

55
00:03:56,000 --> 00:04:01,840
no discharge, no no treated water
>> except for when you winterize the pool,

56
00:04:00,799 --> 00:04:05,040
you'll have to pump it down.
>> When we winterize the pool, you have to

57
00:04:03,200 --> 00:04:09,439
draw water. Yeah. And you you observe a
dissipation period. So I I agree with I

58
00:04:07,360 --> 00:04:14,159
think the narrative of we've run into
this before is we want to pump that or

59
00:04:11,840 --> 00:04:19,519
remove it somewhere
um not in the wetlands cuz it is it will

60
00:04:17,440 --> 00:04:22,960
be chlorinated water correct in that
pool. Well, what you do is when you just

61
00:04:21,120 --> 00:04:28,240
when it's situation like this, you just
observe a certain dissipation period cuz

62
00:04:25,520 --> 00:04:30,320
the chlorine will dissipate after.
>> Right. But we don't want it pumped into

63
00:04:30,000 --> 00:04:33,040
the
>> No, we wouldn't pump it into the

64
00:04:31,280 --> 00:04:38,160
wetlands. And what we do is you're not
draining the pool,

65
00:04:34,160 --> 00:04:42,639
» right? No. You drop the water 2 or 3 in.
>> It's not a substantial amount. It's

66
00:04:40,080 --> 00:04:45,199
relatively small amount.
>> The pool stays filled basically for the

67
00:04:44,639 --> 00:04:47,199
winter.
>> Correct. No, but you still have to drop

68
00:04:46,880 --> 00:04:52,000
us again.
>> Yeah. You drop it about 3 or 4 in.

69
00:04:48,880 --> 00:04:54,240
» Yep. which is hundreds of gallons.
>> Yeah, probably probably three or 400

70
00:04:53,840 --> 00:04:57,280
gallons.
>> Straight volume. But we're just making

71
00:04:55,840 --> 00:05:00,800
sure
>> the property owner is aware it's not

72
00:04:59,520 --> 00:05:04,479
going to go into the wet vents.
>> No, of course.

73
00:05:01,680 --> 00:05:10,759
» Yeah. How many gallons is a pool this
size typically?

74
00:05:07,360 --> 00:05:10,759
» 16 28.

75
00:05:11,680 --> 00:05:18,160
» A little less than 13,000 gallons.
>> All right. 13,000. But you're

76
00:05:16,368 --> 00:05:22,880
[clears throat] saying that not all
13,000 has to be removed every winter to

77
00:05:21,280 --> 00:05:28,240
properly winterize.
>> But we're talking about a couple hundred

78
00:05:25,280 --> 00:05:31,600
gallons, maybe a thousand or so.
>> I would say in the volume, you're

79
00:05:30,400 --> 00:05:37,039
probably looking at a thousand gallons
to dump out of there.

80
00:05:32,880 --> 00:05:41,840
» But the the chlorine
um no matter how much you put in there,

81
00:05:39,919 --> 00:05:45,360
by the time you're winterizing it, some
of it has dissipated out of the water.

82
00:05:44,720 --> 00:05:49,520
That's what you're saying.
>> Most likely all of it.

83
00:05:46,800 --> 00:05:55,014
» All right. So,
we still don't want the water dumped,

84
00:05:53,919 --> 00:05:56,880
you know, just pumped into the
[clears throat] wetlands or something

85
00:05:56,080 --> 00:06:03,440
like that.
>> Uh so that like the standard um you

86
00:06:00,080 --> 00:06:08,639
know, special condition of, you know, it
not being uh pumped in the direction of

87
00:06:05,600 --> 00:06:12,000
the wetlands, put it in the direction of
um anywhere else. That makes

88
00:06:10,479 --> 00:06:15,919
» We understand that. In some cases, maybe
we can uh maybe the homeowner can put in

89
00:06:13,919 --> 00:06:22,240
a small drywall to take it.
>> Yeah.

90
00:06:18,720 --> 00:06:25,520
» So, are we comfortable with that?
>> I think we just need I think we need to

91
00:06:23,600 --> 00:06:28,560
put it in the conditions.
>> Yeah, absolutely. You you you guys

92
00:06:27,680 --> 00:06:31,360
agree?
>> Yeah.

93
00:06:29,919 --> 00:06:34,240
» Yeah. I've written up a draft condition
I can share with you, but it basically

94
00:06:32,639 --> 00:06:37,240
is the same effect as that.
>> Yep.

95
00:06:38,000 --> 00:06:47,600
» Um All right. I'm having
trouble finding

96
00:06:44,960 --> 00:06:51,399
a um
special condition. [clears throat]

97
00:06:55,039 --> 00:07:02,039
I just want to read those out. The
standard um

98
00:07:04,160 --> 00:07:12,919
the standard special conditions. Why
can't I

99
00:07:08,960 --> 00:07:12,919
just give me a second?

100
00:07:15,919 --> 00:07:27,080
I say them roughly 10 times every
meeting. I could probably do it in my

101
00:07:23,280 --> 00:07:27,080
sleep. Um

102
00:07:27,360 --> 00:07:36,400
but all right I'm going to say for this
uh conditions may include or shall

103
00:07:34,400 --> 00:07:40,479
include the applicant shall install and
maintain perimeter controls around the

104
00:07:38,240 --> 00:07:46,000
area of work to prevent the deposition
of debris into nearby resource areas.

105
00:07:42,960 --> 00:07:50,240
Perimeter control shall act in um rem
perimeter control shall remain in place

106
00:07:47,840 --> 00:07:54,160
until all areas of erodable materials
have been stabilized at the site. These

107
00:07:52,319 --> 00:07:57,840
controls shall act as a limit of work.
No equipment can be stored or work done

108
00:07:55,840 --> 00:08:01,919
past that point. Prior to any
construction activity commencing, the

109
00:07:59,440 --> 00:08:05,360
following must be completed. ESC's shall
be installed by the applicant or an

110
00:08:03,680 --> 00:08:11,280
agent of the applicant and the
conservation agent shall inspect and

111
00:08:07,039 --> 00:08:18,639
approve uh the installed ESC's. And then
um in addition to that,

112
00:08:14,160 --> 00:08:24,720
how are we going to phrase this? the the
um the any water drained out of the

113
00:08:23,520 --> 00:08:27,759
» any water discharge.
>> This is sort of a draft, but if this if

114
00:08:26,400 --> 00:08:32,800
you feel like commissioner feels like
that language is too uh restrictive, I

115
00:08:30,400 --> 00:08:38,399
can address it before issuance. I think
any water discharge needed.

116
00:08:35,279 --> 00:08:41,839
» So this says in perpetuity all water
drained from the above ground pool

117
00:08:39,919 --> 00:08:46,720
structure in order to close it over
winter shall be siphoned and disposed of

118
00:08:44,240 --> 00:08:50,880
offsite by a professional pool company.
Due to the proximity of the proposed uh

119
00:08:48,959 --> 00:08:55,360
pool to wetland resource areas,
salinized and/or chlorinated water may

120
00:08:53,519 --> 00:08:59,279
cause significant damage to wetland
vegetation and fauna. The applicant

121
00:08:57,279 --> 00:09:04,160
shall submit a yearly copy of any
invoices paid for pool closing services

122
00:09:01,680 --> 00:09:08,480
provided to the conservation agent.
Failure to submit said documentation or

123
00:09:06,000 --> 00:09:12,160
its equivalent within a timely fashion
no later than October 31st of each

124
00:09:10,800 --> 00:09:17,440
calendar year shall be considered a
violation of the conditions um of this

125
00:09:14,959 --> 00:09:22,080
determination of applicability. So I
think we've agreed that that's a little

126
00:09:20,320 --> 00:09:29,760
bit above and beyond what we would like
to see. Uh but all water drained from

127
00:09:26,240 --> 00:09:37,839
the above ground pool um structure in
order to um close it over winter shall

128
00:09:34,880 --> 00:09:47,040
be uh drained
away from the wetlands. Um and I guess

129
00:09:43,279 --> 00:09:54,240
any indication that there is
um chlorinated or salinated water going

130
00:09:50,000 --> 00:09:59,360
into the wetlands causing um issues
um will be a violation notice that they

131
00:09:56,720 --> 00:10:04,720
will be they'll have to take care of. Is
that

132
00:10:00,800 --> 00:10:08,000
» do you all right that's adequate for us?
>> Yeah, I think it's adequate. It's not

133
00:10:06,240 --> 00:10:11,279
going to be a way to see that unless
it's reported by a neighbor though. you

134
00:10:09,600 --> 00:10:16,160
know, isolated wetland area.
>> I think we just kind of put as

135
00:10:14,399 --> 00:10:19,680
pract practical. I mean, you're going to
pump a line, you're just going to let it

136
00:10:17,760 --> 00:10:23,200
go back to the earth. Traditionally, let
sand do its filter job. Yeah.

137
00:10:21,519 --> 00:10:27,920
» We don't recommend the use of saline
systems and swimming pools anyway.

138
00:10:25,519 --> 00:10:33,600
» And just uh if it eases anybody's mind,
the amount of chlorine that is used to

139
00:10:31,120 --> 00:10:36,320
maintain a swimming pool is really very
very small.

140
00:10:34,399 --> 00:10:40,160
» Now, we're uh way less than
>> I'm pretty familiar with the costs per

141
00:10:37,760 --> 00:10:45,200
million. Um I'm just
>> we just have to treat this with cuz it

142
00:10:43,279 --> 00:10:48,480
it's in a very
>> Yeah.

143
00:10:46,959 --> 00:10:53,519
» interesting area.
>> Um so we're given on the you know the

144
00:10:51,440 --> 00:11:00,320
location. We just want to make sure
we're protecting our resources.

145
00:10:56,320 --> 00:11:07,519
» Um all right. So
those are the proposed those are the

146
00:11:02,240 --> 00:11:14,160
special conditions. Um, I'm going to
find this once again.

147
00:11:10,240 --> 00:11:18,160
Just give me one second.
Um, so

148
00:11:16,240 --> 00:11:23,279
this is a public hearing. If there's
anybody in the public who would like to

149
00:11:20,880 --> 00:11:28,320
uh make a comment, now is the time to do
so. But not seeing anybody rise. Could I

150
00:11:27,040 --> 00:11:30,480
have a motion to close the public
hearing?

151
00:11:29,680 --> 00:11:31,839
» So motion.
>> Do I have a second?

152
00:11:31,440 --> 00:11:33,519
» Second.
>> All those in favor? I

153
00:11:33,200 --> 00:11:39,360
» I
>> chair votes I as well. And could I have

154
00:11:36,800 --> 00:11:42,880
a motion for a negative determination of
applicability as discussed at this

155
00:11:41,279 --> 00:11:45,120
meeting?
>> Uh I'll make that motion.

156
00:11:44,240 --> 00:11:46,560
» Do I have a second?
>> Second.

157
00:11:45,519 --> 00:11:48,720
» All those in favor?
>> I I

158
00:11:47,279 --> 00:11:51,200
» chair votes I as well.
>> Thank you very much.

159
00:11:49,760 --> 00:11:55,200
» Thank you.
>> Have a good night.

160
00:11:52,079 --> 00:12:02,880
» Thank you. Um before we move on, I just
want Yeah. Here. Um so one of the things

161
00:11:58,640 --> 00:12:09,200
I noticed in your um u memo was that
like we do allow certain things um you

162
00:12:06,480 --> 00:12:13,839
know to be you know in the no build
zone. Um, [laughter] I think before the

163
00:12:12,320 --> 00:12:22,800
end of this meeting, we should have a
discussion about um a quick discussion

164
00:12:16,959 --> 00:12:28,000
about u updating the bylaw to allow
um pools within this zone as part of the

165
00:12:25,760 --> 00:12:32,160
other structures but with conditions
attached to it about how we would be

166
00:12:30,079 --> 00:12:36,000
comfortable about approving those and
stuff. So, I just want to bring that up

167
00:12:34,320 --> 00:12:39,920
now so we can have a discussion.
>> And I'll add a note to that. If we're

168
00:12:37,440 --> 00:12:44,480
going to start looking at the bylaws, I
think we need to get a ahead of the

169
00:12:42,639 --> 00:12:47,279
lithium battery battery.
>> All right. Y

170
00:12:45,600 --> 00:12:53,279
» what other towns cuz we're seeing all
sorts of stuff. So I think that needs to

171
00:12:50,480 --> 00:12:56,560
be part of our bylaw uh review, too.
>> All right. So, um

172
00:12:55,120 --> 00:12:59,600
» because it's a different threat than
we're used to.

173
00:12:57,360 --> 00:13:07,200
» Yeah, I I I get that. But um All right.
So um and we we can put this as a future

174
00:13:04,399 --> 00:13:11,440
agenda item on other um stuff that might
be a little bit both of these might be a

175
00:13:09,440 --> 00:13:15,760
little bit bigger uh you know
discussions

176
00:13:13,279 --> 00:13:19,399
I just wanted to get the just get the
conversation started.

177
00:13:20,800 --> 00:13:28,000
» All right moving on. Um, agenda item C
is a public hearing, a request for

178
00:13:25,680 --> 00:13:33,920
determination of applicability for Nick
and Kimucher

179
00:13:30,240 --> 00:13:38,959
221 Mitchell G Drive, Assessor's Map 87,
lot 61. I'm sorry if I said your name.

180
00:13:36,800 --> 00:13:41,200
» Oh, no, that's all good. [laughter]
>> How you doing tonight?

181
00:13:40,160 --> 00:13:43,680
» Pretty good. How are you?
>> Good.

182
00:13:41,839 --> 00:13:46,800
» Need you to introduce yourself for the
record and then explain what you plan on

183
00:13:46,399 --> 00:13:50,549
doing.
>> My name is uh Nicholas Buché. I am the

184
00:13:48,399 --> 00:13:56,240
owner of Contour Building and Remodeling
[clears throat] and I'm

185
00:13:53,200 --> 00:14:03,519
looking for uh relief. We are building
uh proposing to build a um 24x [snorts]

186
00:14:00,480 --> 00:14:08,160
32 um attached garage to the left-hand
side of the property [snorts] which

187
00:14:05,199 --> 00:14:12,800
abuts the town of Tukberry's property.
Um,

188
00:14:10,560 --> 00:14:17,680
it's it's just a garage, drive-in garage
with a massive bedroom above. Um, you

189
00:14:15,360 --> 00:14:25,600
know, your typical concrete foundation,
freeze, frost wall. Um, it's pretty

190
00:14:21,760 --> 00:14:28,880
straightforward. Um,
so that's that's about the project.

191
00:14:27,839 --> 00:14:34,240
» All right. [laughter]
Um

192
00:14:30,880 --> 00:14:40,720
so the there's a a lot of discussion
about the um

193
00:14:38,079 --> 00:14:49,760
the basin or the the the drainage
easement that is um my understanding is

194
00:14:44,399 --> 00:14:55,839
that it was built before uh 1996
the November 18th 1996.

195
00:14:53,360 --> 00:15:04,480
Therefore, it qualifies as a
naturalized. It's in our jurisdiction.

196
00:14:58,320 --> 00:15:10,880
Um, so what I don't see on the um plot
plan or you know the addition is where

197
00:15:08,000 --> 00:15:18,800
that actual um you know where the
wetland boundaries are. Um so I I think

198
00:15:15,120 --> 00:15:23,040
that to me would be very beneficial to
see exactly how far away these things

199
00:15:21,199 --> 00:15:26,560
are on a map and stuff. It doesn't have
to be perfect, but like you know

200
00:15:24,800 --> 00:15:33,199
something uh to that effect.
>> So my question is so it was back then in

201
00:15:28,959 --> 00:15:37,199
1996 it was a storm water runoff. Does
that automatically make that wetlands in

202
00:15:35,120 --> 00:15:41,040
the back?
>> Cuz I actually met with the engineer who

203
00:15:39,120 --> 00:15:47,040
designed that property [snorts] and
they've we've uploaded his letter to you

204
00:15:43,040 --> 00:15:52,000
tonight. Um, and when he met with the
original developer and with the town

205
00:15:49,120 --> 00:15:56,639
engineer, it was never designed to be
wetlands. So, does it automatically

206
00:15:54,800 --> 00:16:00,639
get classified as wetlands?
>> Nick, I wasn't able to upload that uh

207
00:15:58,560 --> 00:16:04,959
just now. So, if you want to share that
>> copies of that?

208
00:16:01,600 --> 00:16:10,240
» Um, yeah, Nick has an email from Joe
Seraku, who I guess was the the old town

209
00:16:06,959 --> 00:16:14,320
engineer. um you know indicating that he
he believes that the storm water system

210
00:16:12,800 --> 00:16:20,800
and you know the houses in that area
wouldn't have been built until after um

211
00:16:17,440 --> 00:16:26,000
that 1996 date. But you know everything
that I've been able to find is that the

212
00:16:22,639 --> 00:16:32,991
the design is from January of '95.
Uh all the houses that house um has a

213
00:16:28,800 --> 00:16:36,880
mortgage dated sometime in 1995. Um, so
[clears throat] everything that I I've

214
00:16:34,160 --> 00:16:41,839
been able to uncover has pointed to it
having been built before 1996 and

215
00:16:39,600 --> 00:16:47,040
therefore being a naturalized um
resource area at this point. Uh, the

216
00:16:44,399 --> 00:16:52,639
project is about, I think we measured
it. It's about 70 ft from the the center

217
00:16:50,320 --> 00:16:57,600
line of the, you know, the the stream or
the the outlet. Um, you know, we we just

218
00:16:56,320 --> 00:17:02,639
used a rough tape measure while we were
out there. And you know, I think if it

219
00:17:00,560 --> 00:17:08,240
is a wetland, you would delineate that
from the, you know, the mean annual high

220
00:17:04,640 --> 00:17:14,640
water or the the bank. Um, so that would
probably be closer to like 65 60 ft. Um,

221
00:17:12,480 --> 00:17:19,120
so outside of the no build zone, but
still definitely in the buffer zone um

222
00:17:16,880 --> 00:17:26,079
to that area. So I guess my
understanding of all of this was that if

223
00:17:22,480 --> 00:17:33,039
it's been maintained as a drainage, you
know, it, you know, nothing has grown

224
00:17:28,880 --> 00:17:38,400
there, then it's still just that it
doesn't automatically become considered

225
00:17:36,000 --> 00:17:43,360
naturalized wetlands. If it doesn't have
the characteristics of the wetlands,

226
00:17:40,880 --> 00:17:48,080
» yeah, in my my view, it does have the
characteristics of a wetland. Uh, you

227
00:17:45,360 --> 00:17:51,039
know, I went out in the, uh, August, you
know, I think it was during a period of

228
00:17:49,280 --> 00:17:56,160
drought and it was still, uh, you can
see from the pictures, uh, there's a

229
00:17:53,120 --> 00:18:00,320
clear water flow, um, you know, line.
You can see the wet soil. Doesn't

230
00:17:58,480 --> 00:18:05,840
really, it's not even a mapped easement
on the town's website, so I don't know

231
00:18:02,720 --> 00:18:10,320
if it's one that has been maintained.
Um, and it was, you know, grown in with

232
00:18:07,840 --> 00:18:17,200
jeweleed, which is a, you know, a native
plant. Um so not looking like there's a

233
00:18:14,240 --> 00:18:23,600
lot of u been a lot of maintenance from
my view but uh that's you know certainly

234
00:18:20,400 --> 00:18:29,280
up for interpretation.
>> So I mean looking at the pictures not

235
00:18:26,799 --> 00:18:37,120
being a wetland scientist it does look
like a wetland to me. It's clearly not

236
00:18:33,360 --> 00:18:43,280
just you know grass and uh you know
culvert or something like that. Um, so

237
00:18:41,039 --> 00:18:48,559
but I I guess you're bringing up the,
you know, when the site was approved

238
00:18:46,240 --> 00:18:52,320
versus when it was actually built,
>> right?

239
00:18:49,120 --> 00:18:56,640
» I don't know how to interpret that
without something without some

240
00:18:54,559 --> 00:19:02,160
documentation showing,
>> you know, like the ideal thing would be

241
00:18:59,520 --> 00:19:05,440
somebody holding up a newspaper after
having just built it. That seems

242
00:19:03,760 --> 00:19:09,679
unrealistic. So,
>> and that's what I was running into

243
00:19:06,640 --> 00:19:13,919
because I did go to to the uh DPW to
speak to the engineer and he agreed too.

244
00:19:12,080 --> 00:19:16,640
He's like, "We have no paperwork."
>> And so, I don't know where I'm supposed

245
00:19:15,200 --> 00:19:20,720
to get this paperwork for besides hire
an environmental engineer. But on the

246
00:19:18,640 --> 00:19:24,960
flip side to this, on every neighbor
that is around this, I pulled the files

247
00:19:23,039 --> 00:19:30,160
with Sam at the building department. And
there's been uh since the last one was

248
00:19:27,360 --> 00:19:33,200
2015, there was permits issued at both
properties

249
00:19:31,760 --> 00:19:38,880
all the way around. There's this
everyone has pools, sheds, decks,

250
00:19:36,240 --> 00:19:42,160
fences, additions, and they've all been
approved all the way up to 2013.

251
00:19:40,720 --> 00:19:45,120
Actually 15, I think, is the one we
found.

252
00:19:44,080 --> 00:19:48,838
» Yeah, I I remember
>> when we pulled the files. So, that's why

253
00:19:46,720 --> 00:19:52,080
I was just on this one here.
[clears throat] I was just looking. I'm

254
00:19:49,840 --> 00:19:55,679
like, well, I get it. I understand
there's something there that we have to

255
00:19:53,200 --> 00:19:59,440
deal with, but I also look at the
history of all the surrounding neighbors

256
00:19:57,520 --> 00:20:05,600
and the exact budding neighbor next
door. and those building permits issued

257
00:20:01,520 --> 00:20:10,559
and conservation signed off.
>> So I guess the

258
00:20:08,240 --> 00:20:13,520
something like a shed or a fence would
either be by right or

259
00:20:12,160 --> 00:20:19,679
» ground pool next door.
>> Yeah. So that that would either be by

260
00:20:16,000 --> 00:20:23,840
right or an RDA. Um we're talking about
an ADU.

261
00:20:20,960 --> 00:20:27,280
» This is not an ADU.
I I

262
00:20:26,080 --> 00:20:30,880
was under the assumption of
>> it's uh yeah basically that was my

263
00:20:29,440 --> 00:20:34,320
interpretation but it's basic you said
it's a garage with a

264
00:20:32,480 --> 00:20:38,960
» it's a master bedroom above a garage and
ADU classified with a kitchen.

265
00:20:36,159 --> 00:20:45,240
» Yep. Okay. So you know it is a it's an
addition. It's an addition.

266
00:20:42,240 --> 00:20:45,240
Um

267
00:20:45,440 --> 00:20:50,320
» All right.
>> And that would also have another music

268
00:20:47,840 --> 00:20:55,440
egress if it was an ADU. This would just
be a garage into the existing garage

269
00:20:52,880 --> 00:20:58,720
that we're going to build next to.
And I like I said, I I this is I was

270
00:20:57,200 --> 00:21:02,320
raising that concern when I met with Sam
at the building department just because

271
00:21:00,159 --> 00:21:06,080
there is an ingground pool next door.
And um this uh not this c this

272
00:21:04,880 --> 00:21:09,120
homeowner, but the previous home owner
to this property. There's a sun room

273
00:21:07,679 --> 00:21:14,240
that was added. There was a deck that
was added and it was all signed off by

274
00:21:11,440 --> 00:21:18,440
the conservation committee uh department
when they did these building permits.

275
00:21:25,039 --> 00:21:32,039
It's
24 by 32. That's

276
00:21:29,039 --> 00:21:32,039
» That's

277
00:21:32,559 --> 00:21:38,279
» And you going for variance on setbacks,
too? I

278
00:21:34,720 --> 00:21:38,279
» already got approved. [clears throat]

279
00:21:38,960 --> 00:21:42,799
» And the above ground swimming pool is
already there. Is that

280
00:21:41,760 --> 00:21:46,120
» That is existing.
>> That's existing.

281
00:21:50,799 --> 00:21:56,480
Um yeah, I don't know if the members of
the commission were able to review the

282
00:21:54,080 --> 00:22:02,240
attachment that's the plan from um of
the drainage from 1995 does show sort of

283
00:21:59,520 --> 00:22:06,480
the path of uh of that drainage channel
part of a more extensive

284
00:22:04,320 --> 00:22:10,080
» system that you provided with the
mortgage. Uh traditionally they don't

285
00:22:08,320 --> 00:22:13,280
issue mortgages on houses that aren't
built.

286
00:22:10,960 --> 00:22:18,799
» That was the information I got from
>> from the building department. Yeah. Um,

287
00:22:14,799 --> 00:22:22,080
so that [clears throat] I have to
have to agree with the timeline ties in.

288
00:22:21,455 --> 00:22:25,760
[clears throat]
Um, because if it would be anything, it

289
00:22:24,240 --> 00:22:30,760
would be a construction loan, not a
mortgage.

290
00:22:27,760 --> 00:22:30,760
Um,

291
00:22:31,440 --> 00:22:36,960
yeah. So, I mean, my interpretation is
that it is a resource area. Um, it's,

292
00:22:35,520 --> 00:22:42,640
you know, the commission's discretion
whether this activity is significant,

293
00:22:39,600 --> 00:22:46,880
you know, would alter that area. um and
you know and in that case should require

294
00:22:44,320 --> 00:22:52,640
a notice of intent. So I guess that's
the the question.

295
00:22:49,360 --> 00:22:57,039
» Yeah, it's like I'm trying to
>> we can't look at what else has been

296
00:22:55,200 --> 00:22:58,799
approved by other people. We have to
look at what we're looking at in my

297
00:22:58,559 --> 00:23:01,840
opinion
>> and I agree with you 100%. I was just

298
00:23:00,400 --> 00:23:06,159
pointing the fact no I
>> you know I just see all this and and

299
00:23:03,520 --> 00:23:10,640
that was not just this house and the one
next door that is the next three on the

300
00:23:08,559 --> 00:23:18,600
other side too and one of them just put
a substantial addition in on the against

301
00:23:13,600 --> 00:23:18,600
the same area you know

302
00:23:20,000 --> 00:23:29,120
» it's the to me what what's getting to me
is the size of the addition

303
00:23:27,039 --> 00:23:36,559
um like
just something of this, you know, size.

304
00:23:32,159 --> 00:23:41,039
I'm used to it being an NOI. Um, and
with, you know, but we went within the

305
00:23:39,440 --> 00:23:45,360
24. We actually, this addition was
larger. We scaled it down just because

306
00:23:43,760 --> 00:23:48,480
of having the, you know, finding that
there was we're going to need a variance

307
00:23:46,720 --> 00:23:55,600
anyways. We didn't want to be that close
to the property line. And at 24 ft for

308
00:23:51,760 --> 00:24:00,880
two cars is pretty tight. Um, generally
a standard size garage is 26 ft wide. So

309
00:23:58,880 --> 00:24:06,440
we shorten this up to 24. That's why we
went back 32 just give a little bit of

310
00:24:02,720 --> 00:24:06,440
depth so we could fit.

311
00:24:07,679 --> 00:24:20,159
» And all right. So [clears throat]
Sam from like from the plot plan that

312
00:24:15,520 --> 00:24:24,480
they provided where is the actual
drainage?

313
00:24:21,039 --> 00:24:28,440
» We measured that drain is 90 ft from the
back corner of that garage.

314
00:24:28,559 --> 00:24:33,039
That was the back corner. And then we
did say, you know, coming 24 ft to the

315
00:24:32,400 --> 00:24:36,400
the front.
>> At what angle they were holding it, I

316
00:24:34,640 --> 00:24:40,880
mean, I guess if I was to swing in the
tape one way, I could get to, but the

317
00:24:39,039 --> 00:24:45,960
furthest I went back when I met with Joe
Saw Walker, the civil engineer, we had

318
00:24:42,720 --> 00:24:45,960
90 ft,

319
00:24:46,480 --> 00:24:53,360
» 90 ft from the wetland or
>> 100 foot buffer zone.

320
00:24:51,360 --> 00:24:58,000
» So, so the wetland begins, you know, for
all intents and purposes at the outlet

321
00:24:55,440 --> 00:25:03,760
of the pipe. Um, and so I measured
basically from the top of that concrete.

322
00:25:00,880 --> 00:25:08,799
I I remember as getting, you know,
mental math to to about 70 ft to the

323
00:25:06,240 --> 00:25:14,080
actual like closest corner. Maybe
there's some flexibility there, but um I

324
00:25:11,840 --> 00:25:19,200
would say the wetland system probably
does extend out towards the property

325
00:25:16,240 --> 00:25:23,520
another 3 to 4. You know, it's difficult
to say um cuz it had been really not

326
00:25:21,919 --> 00:25:28,159
raining recently, so I was only able to
see just where the water had settled. I

327
00:25:25,760 --> 00:25:33,679
would imagine, you know, 3 or 4 foot
wide um you know at that point and then

328
00:25:31,360 --> 00:25:38,000
it it does look like it branches out
into a larger system. At least it was

329
00:25:35,120 --> 00:25:42,640
planned to um you know with the drainage
that drainage plan um you know it is

330
00:25:40,240 --> 00:25:47,760
grown in with trees. So I don't know how
um often the back portion would be

331
00:25:45,360 --> 00:25:55,600
inundated but um
>> and I guess so my next question for the

332
00:25:50,080 --> 00:26:01,039
commission is that this is
where this, you know, drainage is

333
00:25:58,080 --> 00:26:06,480
happening. It's the town of Tukberry's
property. Not only that, but it's under

334
00:26:03,440 --> 00:26:12,640
our consu conservation.
So, like,

335
00:26:08,799 --> 00:26:18,880
what is the consequences of allowing
something like this to go through as an

336
00:26:15,840 --> 00:26:25,200
RDA? What are we doing to our property
right now? Um, you know, it's it's a

337
00:26:22,880 --> 00:26:31,440
large addition,
you know, I mean, looking at it from the

338
00:26:27,679 --> 00:26:35,039
rest of the um the house, there's other
stuff around there. There's the swimming

339
00:26:33,679 --> 00:26:38,000
pool, there's the playground, there's
the shed, all those things are pretty

340
00:26:36,799 --> 00:26:44,400
small.
um the additional runoff like I I

341
00:26:40,880 --> 00:26:51,760
personally don't think it's that big
like you know it's it's a considerable

342
00:26:47,919 --> 00:26:57,279
size up from the existing structure but
um it's not like they're

343
00:26:54,320 --> 00:26:59,679
you know proposing to cover the entire
property

344
00:26:58,240 --> 00:27:04,159
» and we're willing to work with you I
mean whatever we need for barriers you

345
00:27:02,559 --> 00:27:07,919
know flushing our concrete we already
have that established what we're doing

346
00:27:05,840 --> 00:27:12,960
that's being hauled off site There only
will be a small amount of fill to back

347
00:27:10,000 --> 00:27:15,840
fill, but the rest is hauled away. Also,
we're doing everything in our power

348
00:27:14,400 --> 00:27:20,559
because it is, you know, the town's
property next door to make sure there is

349
00:27:17,600 --> 00:27:22,960
nothing over there at all. Um, but we
would take any recommendations from the

350
00:27:21,760 --> 00:27:26,840
board, too, if there's anything else
additional you want us to do.

351
00:27:27,120 --> 00:27:36,559
» So, Daniel, concerned about additional
flooding of that property. Well, I mean,

352
00:27:31,919 --> 00:27:43,440
so I I guess to to backtrack a tiny bit,
I'm saying that as the property owner,

353
00:27:40,400 --> 00:27:47,279
that's a concern that I've seen many
times. People build a, you know, their

354
00:27:45,440 --> 00:27:52,400
ne, you know, there's a new house being
built and they go, "Oh my god, this is

355
00:27:48,799 --> 00:27:58,080
going to flood my basement." Now, we are
in that position where we're the de

356
00:27:54,720 --> 00:28:05,039
facto owners of this property. We are
the neighbors right here.

357
00:28:01,440 --> 00:28:11,200
like we don't have a house right here.
So the the issues of any additional

358
00:28:08,640 --> 00:28:17,440
flooding, are we concerned with that?
Like what's the let's play worst case

359
00:28:14,399 --> 00:28:22,559
scenario where this is pitched in such a
way that all additional storm water is

360
00:28:19,840 --> 00:28:27,600
going straight into our property. Are we
concerned?

361
00:28:24,240 --> 00:28:34,399
I'm not super concerned. It's a big
addition, but it's not so big. And it's

362
00:28:31,360 --> 00:28:41,760
it's a naturalized wetland, but it's a
wetland. It's, you know, gathering that

363
00:28:36,559 --> 00:28:46,480
water already. Um, you know, am I I
guess am I sounding like a crazy person

364
00:28:43,520 --> 00:28:49,440
by being concerned about this?
>> I think it should have an NOA.

365
00:28:48,240 --> 00:28:52,320
» You think it should be an NI?
>> I think this should we should know where

366
00:28:50,960 --> 00:28:57,039
it is.
>> Delineate it. I don't see a problem with

367
00:28:55,120 --> 00:28:59,760
this, but I think
We're

368
00:28:57,840 --> 00:29:02,960
» got a qu. So if we have to get that, is
that the town's responsibility to update

369
00:29:01,440 --> 00:29:06,640
the records on that or do we have to
find that?

370
00:29:04,399 --> 00:29:10,159
» That would be you and we're not
proposing to build anything. So

371
00:29:08,159 --> 00:29:14,240
» no, I know. But so I I guess way I'm
asking that question is like if the town

372
00:29:12,000 --> 00:29:17,200
had to do road work and adjust that sink
basin one day, that would have to

373
00:29:16,080 --> 00:29:19,919
probably come to conservation.
>> Correct. Yeah.

374
00:29:18,159 --> 00:29:24,399
» So they would have to find it if it was
this town doing the work. Correct.

375
00:29:22,880 --> 00:29:28,159
Well, if they need if they need to do
it, they would come to us with the plan

376
00:29:26,480 --> 00:29:30,640
unless it was an emergency repair.
Correct.

377
00:29:28,960 --> 00:29:34,480
» Yeah, that's
>> um and they notify us they're working in

378
00:29:32,559 --> 00:29:35,679
the the buffer zone or wherever they
are.

379
00:29:35,360 --> 00:29:38,799
» Yeah,
>> cuz we've gone high and low looking for

380
00:29:37,279 --> 00:29:43,279
this paperwork. I mean, I've been to
engineering, I've been to your office,

381
00:29:41,200 --> 00:29:47,760
I've been everywhere to try to find this
and then when I stumbled upon the actual

382
00:29:44,960 --> 00:29:49,760
engineering, it's like it was all proof.
Like, [laughter] and I get what you're

383
00:29:48,960 --> 00:29:53,200
saying. But
>> yeah, I think the reason the reason I

384
00:29:51,760 --> 00:29:59,200
would like to see it as an NOA because
then we would actually know

385
00:29:56,080 --> 00:30:02,559
» it would be labeled and it's on a plan.
>> So

386
00:30:00,720 --> 00:30:06,000
yeah, I can tell you right where the
literally the town of Turk is written on

387
00:30:04,240 --> 00:30:09,919
this plot plan. That's where that pipe
is. If you you can see the drain in the

388
00:30:07,760 --> 00:30:14,480
street and she goes straight back. It's
exactly right there. I think we've kind

389
00:30:11,600 --> 00:30:18,399
of measured that out. But I understand
you probably need a document. But

390
00:30:16,320 --> 00:30:23,039
» yeah, that but we did find it. I would
feel I would feel better and then we can

391
00:30:20,080 --> 00:30:27,200
just you know it's flagged we know the
location.

392
00:30:24,480 --> 00:30:32,880
» Yeah. So I mean
I I don't want to insinuate that the

393
00:30:30,320 --> 00:30:38,960
only difference between an NOI and an
RDA is having that detailed u um you

394
00:30:36,720 --> 00:30:44,880
know wetland delineation.
But I would feel a lot more comfortable

395
00:30:42,240 --> 00:30:51,600
regardless of what type of permit it is
to have at least a better idea something

396
00:30:48,559 --> 00:30:56,000
because right now I I you know not that
I don't trust what you're saying but we

397
00:30:54,399 --> 00:31:01,679
don't have anything in the records that
we can look back on and go all right we

398
00:30:58,880 --> 00:31:06,799
all agree that this is exactly where you
know the the wetland delineation would

399
00:31:04,960 --> 00:31:09,919
be going. anything count with
conservation coming out to verify it

400
00:31:08,320 --> 00:31:15,039
with me?
>> So, I mean that's where it gets tricky

401
00:31:11,600 --> 00:31:17,679
is that like you know we're
>> we found

402
00:31:15,520 --> 00:31:22,960
» we're not experts open like [laughter]
we should really have a wetland

403
00:31:20,559 --> 00:31:26,559
scientist if we're doing everything you
know exactly as it should would get a

404
00:31:24,880 --> 00:31:32,559
wetland scientist to go out and
delineate everything. um because of the

405
00:31:30,240 --> 00:31:40,799
nature like you know it's that tricky
thing of this is a naturalized wetland

406
00:31:36,399 --> 00:31:45,279
over a natural wetland how much we want
to do that um is there a way to find for

407
00:31:44,240 --> 00:31:49,519
the neighbors that have pulled all the
permits that recently that they may have

408
00:31:46,960 --> 00:31:55,120
that too I mean it's it's they had to go
through the same process here

409
00:31:53,200 --> 00:32:00,039
I mean they that pool was just put in
2018 so they had to come here

410
00:32:00,159 --> 00:32:06,159
» that I mean it's literally right next to
it's the abuing property.

411
00:32:03,919 --> 00:32:10,080
» We could make a motion to continue and
do some homework

412
00:32:08,559 --> 00:32:13,279
» to try to avoid
>> Are you Are you looking for the

413
00:32:11,519 --> 00:32:15,279
delineation? What What documentation are
reop?

414
00:32:13,760 --> 00:32:19,039
» Well, yeah. If the abuing neighbor has
had permits pulled and they've had

415
00:32:16,799 --> 00:32:22,159
additions and pools put in, they've had
to then deal with the same exact issue

416
00:32:20,960 --> 00:32:26,720
we're doing because it's literally the
abuing neighbor.

417
00:32:24,000 --> 00:32:30,480
» I mean, that would all be
That would all be public record.

418
00:32:28,880 --> 00:32:36,960
» Yeah. And the thing is the town has
nothing, no files on anything, but

419
00:32:33,360 --> 00:32:39,919
conservation did sign off
>> from 2018 on that pool permit.

420
00:32:39,600 --> 00:32:43,519
» Yes,
>> that would be my question. I I guess

421
00:32:42,080 --> 00:32:46,640
» I mean, we found all the records for it
and that's and I'm not being frustrated

422
00:32:45,600 --> 00:32:49,840
with you guys. I just, you know,
understand I'm looking at this like,

423
00:32:48,080 --> 00:32:52,960
well, how did all this work get done? If
this is now an issue, but how did all

424
00:32:51,120 --> 00:32:56,399
this other work get done? And I'm fine
with a continuence and I understand but

425
00:32:55,039 --> 00:32:58,720
» Well, I'm just trying to do it on your
benefit.

426
00:32:56,880 --> 00:33:00,480
» Yeah. No, I'm saying that's good. I'm
saying

427
00:32:59,120 --> 00:33:03,519
» I don't have to say to you, look, we
want an NOI versus an RDA.

428
00:33:02,000 --> 00:33:07,360
» Yeah. Yeah. No, I'm I'm agreeing with
you 100%. I'm just at some point

429
00:33:05,919 --> 00:33:13,279
somebody had to come to the conservation
committee and discuss this project and

430
00:33:10,799 --> 00:33:17,679
the same issue that we're having. But
you're saying that all of those they

431
00:33:16,720 --> 00:33:24,799
there's signed off
>> the sign off we we have the permit you

432
00:33:20,559 --> 00:33:29,120
know application with 199
other paperwork can be found

433
00:33:27,120 --> 00:33:32,159
» zero
zero they only have the building permits

434
00:33:30,880 --> 00:33:37,360
that have all been signed off by every
department they have plans that were

435
00:33:34,720 --> 00:33:41,440
submitted plot plans that were submitted
as builts that were submitted all of

436
00:33:39,600 --> 00:33:45,360
it's been signed off
>> so I

437
00:33:43,120 --> 00:33:48,720
You have plot plans that were submitted
>> and none of those show any sort of

438
00:33:47,519 --> 00:33:51,600
wetland delineation.
>> None.

439
00:33:49,519 --> 00:33:55,519
» No, the uh the area is not mapped on the
town software as a wetland. It's not um

440
00:33:54,000 --> 00:34:00,960
mapped as an easement, a drainage
easement. I just basically in doing my

441
00:33:58,880 --> 00:34:05,519
desktop review said that looks like a
wetland and it went out and it was

442
00:34:02,480 --> 00:34:09,359
wetland. Um, so I I don't know that it
was, you know, if a preliminary desktop

443
00:34:08,159 --> 00:34:12,480
review was all that happened, I don't
know that it was would have been caught

444
00:34:11,040 --> 00:34:17,599
by anyone previously.
>> But if we're going from 96 to 2018,

445
00:34:16,000 --> 00:34:21,240
that's a long time and that's a lot of
permits that were opened.

446
00:34:23,760 --> 00:34:32,639
Somebody had to catch it at some point
or if it was an issue, bring it up.

447
00:34:30,000 --> 00:34:39,359
» All right. So I I guess at this point,
you know, regardless of what type of

448
00:34:36,240 --> 00:34:45,280
permit submitted, I would like the
applicant to provide us with something

449
00:34:43,359 --> 00:34:53,280
that shows
the where the wetland starts and then we

450
00:34:50,800 --> 00:35:00,560
can look at that and go, all right, 100
ft from there is the buffer zone. Um,

451
00:34:57,040 --> 00:35:06,560
ideally it would be a wetland scientist
>> that would provide a full delineation of

452
00:35:02,960 --> 00:35:12,079
this given the history of this. I would
be comfortable with just something on

453
00:35:09,280 --> 00:35:17,599
record that we can agree this is the
line where it goes. Are you is everybody

454
00:35:15,680 --> 00:35:19,839
else comfortable with that? That's where
I'm kind of

455
00:35:18,240 --> 00:35:24,880
» as long as they're credible,
>> you know, and if if in the future, I

456
00:35:22,720 --> 00:35:30,000
mean, what that means is if if you just,
you know, if you take this plot plan

457
00:35:28,000 --> 00:35:36,720
» and you just draw a squiggly line on it
and you say that is what it is and we

458
00:35:33,599 --> 00:35:40,560
all agree that's where it is, it's you
taking the risk that someday there will

459
00:35:38,880 --> 00:35:44,400
be a delineation
>> and it would show that you falsified

460
00:35:42,800 --> 00:35:45,760
that and stuff. So that that's what I'm
>> doing that.

461
00:35:45,119 --> 00:35:50,160
» Yeah. [laughter]
So I I I just want everybody to be like

462
00:35:48,320 --> 00:35:53,359
we're all in good faith that this is
where we think

463
00:35:51,599 --> 00:35:58,320
» and I can find that really quickly. I
mean if you even need me to have the old

464
00:35:55,520 --> 00:36:02,960
town engineer come out with me and plot
it right onto that plot plan that line

465
00:36:00,560 --> 00:36:06,560
from is it from the opening of the pipe
in the woods? Is that what I'm going off

466
00:36:04,880 --> 00:36:10,640
of?
>> Yeah. Yeah. I feel like I could probably

467
00:36:08,400 --> 00:36:14,000
flag it based on slope and you know the
characteristics there. I could help with

468
00:36:12,400 --> 00:36:16,800
that, but it's yeah, up to the
commission on what they're looking for.

469
00:36:15,920 --> 00:36:19,520
Um I think
>> I mean I have no problem going out there

470
00:36:18,079 --> 00:36:22,880
flagging it. Meet somebody out there and
go over it. I I'm going to be honest.

471
00:36:21,520 --> 00:36:27,119
The thing is we're just under the gun
cuz it's getting closer to it's getting

472
00:36:25,200 --> 00:36:31,040
late to start cutting foundations
>> and we're trying to get this done. Um

473
00:36:29,839 --> 00:36:34,079
there's a few things going on at the
home. So I'm just trying to

474
00:36:32,800 --> 00:36:37,200
» and I understand we have to go through
this process and I'm not trying to rush

475
00:36:35,359 --> 00:36:40,480
anybody, but we're just getting close to
getting this thing in between. We still

476
00:36:39,119 --> 00:36:45,040
have to wait for our 20-day cool off
period from zoning. We've been approved

477
00:36:42,400 --> 00:36:49,280
over there already. So, I'm just trying
to get that cut in and follow whatever

478
00:36:47,040 --> 00:36:56,880
you guys need us to do.
>> So, I guess at this point,

479
00:36:53,200 --> 00:37:03,200
I would entertain a motion to continue
for them to be able to update paperwork

480
00:37:00,560 --> 00:37:10,240
to give us some idea of where the actual
drainage is. And you know, we can

481
00:37:06,320 --> 00:37:12,720
estimate where the wetland buffer zones
are. Is that

482
00:37:11,680 --> 00:37:17,040
» I think that's a fair
>> Yeah, that's fair.

483
00:37:14,320 --> 00:37:21,680
» There's no record of the drainage system
>> in the town and DPW has nothing.

484
00:37:20,240 --> 00:37:25,119
» There's no records of any maintenance,
but there is that um initial plan from

485
00:37:24,000 --> 00:37:29,440
1995.
>> Okay.

486
00:37:25,680 --> 00:37:32,960
» Um that just shows it does kind of show
where the wetland would be. you know, it

487
00:37:30,960 --> 00:37:38,720
shows the grading to make the detention
basin and the um you know, the flow

488
00:37:35,599 --> 00:37:41,760
path. So, uh you know, I would expect
that the wetland system would pretty

489
00:37:40,800 --> 00:37:46,880
much follow that.
>> Yeah. Okay.

490
00:37:44,720 --> 00:37:51,200
» All right. Um so, would that mean coming
back to conservation next month? Is that

491
00:37:49,839 --> 00:37:53,760
» Yes. On the 16th?
>> 16th of

492
00:37:53,280 --> 00:37:55,119
October.
>> Yeah. September.

493
00:37:54,640 --> 00:37:56,800
» September.
>> September.

494
00:37:55,599 --> 00:38:02,000
» Two weeks. Yeah.
>> September 16th. Okay.

495
00:38:00,320 --> 00:38:05,680
All right. Could I have a motion to
continue

496
00:38:03,520 --> 00:38:11,359
uh this public hearing request for
determination uh request of

497
00:38:08,480 --> 00:38:14,800
applicability to the next meeting on
September 16th, 2026?

498
00:38:14,079 --> 00:38:17,520
» So moved.
>> Do I have a second? Second. All those in

499
00:38:16,800 --> 00:38:20,960
favor.
>> I chair votes I as well.

500
00:38:19,520 --> 00:38:23,359
» Just to clarify with the board, that is
me meeting just updating this block

501
00:38:22,880 --> 00:38:28,240
plan. Correct.
>> Yeah. I I just

502
00:38:24,480 --> 00:38:34,480
» Right. I I would like to make sure Sam
would agree with the flagging in

503
00:38:31,520 --> 00:38:39,359
principle. Is that fair? Fair fair.
>> Sure. Yeah. Um yeah, I'm happy to go out

504
00:38:36,720 --> 00:38:43,680
and uh once once you have it put
forward, I'll go out and take a look. Um

505
00:38:41,520 --> 00:38:47,359
» so I'll flag it and have you verify. Is
that

506
00:38:45,520 --> 00:38:51,119
» whatever? I guess I I don't know what
whatever the commission feels most

507
00:38:48,720 --> 00:38:55,119
appropriate. Um I I feel
>> before this continues. Uh can I have a

508
00:38:53,040 --> 00:38:58,320
motion to reopen?
>> Sorry. I want to have clarification.

509
00:38:57,440 --> 00:39:02,800
Sorry.
>> Um can I just have a motion to reopen?

510
00:39:01,920 --> 00:39:04,640
» Do I have a second?
>> Second.

511
00:39:03,280 --> 00:39:10,320
» All those in favor? I
>> chair votes eye. All right. So you can

512
00:39:06,640 --> 00:39:15,760
go and flag it and Sam, you'll do
another site inspection and verify

513
00:39:14,000 --> 00:39:21,920
um where
the flags are. Are you comfortable with

514
00:39:19,119 --> 00:39:25,839
that? Like you're, you know, I'm not
sure if we're asking you to do too much

515
00:39:24,160 --> 00:39:29,280
that like I know you're not a wetland
scientist. Like, so

516
00:39:27,520 --> 00:39:31,040
» Well, yeah. I mean, I know Nick uh
probably also

517
00:39:30,640 --> 00:39:33,359
» Yeah.
>> not a wetland scientist.

518
00:39:32,720 --> 00:39:38,480
» Yeah. [laughter]
>> So, I don't know if it's um if it just

519
00:39:35,520 --> 00:39:43,200
makes more more sense for for me to to
do it. Um Nick could be present or

520
00:39:41,680 --> 00:39:47,040
» I'd like I'd like to be there and then
we could just So, we're just marking the

521
00:39:44,880 --> 00:39:50,640
pipe, correct?
marking the boundaries of the wetland, I

522
00:39:49,760 --> 00:39:54,720
would assume.
>> Yeah. Okay. Um, so that would yeah just

523
00:39:53,359 --> 00:39:59,680
involve walking basically through the
ditch and um I'll have to get some PVC

524
00:39:58,320 --> 00:40:02,720
flagging, but it's something that I can
is doable.

525
00:40:00,640 --> 00:40:08,960
» All right. Do you mind doing it?
>> No. No, not at all. Um,

526
00:40:04,640 --> 00:40:13,119
» I'll buy you a coffee. We'll do this.
>> All right. Um, and just to be clear,

527
00:40:10,720 --> 00:40:17,760
this is not a full
delineation that we would typically get.

528
00:40:15,200 --> 00:40:20,720
This is very informal. We just want
>> No, I appreciate that and I appreciate

529
00:40:19,359 --> 00:40:25,493
looking at what I was trying to explain
to you from past projects. I just just

530
00:40:23,599 --> 00:40:28,400
trying to make it fair for me too. Like
[laughter]

531
00:40:26,480 --> 00:40:31,839
so I thank you for uh being lenient with
us and working with us on this.

532
00:40:29,920 --> 00:40:37,040
» All right. At this point, I'm going to
ask for another motion um to continue

533
00:40:35,520 --> 00:40:41,680
this public hearing request for
determination of applicability to the uh

534
00:40:39,760 --> 00:40:43,119
September 16th meeting.
>> So moved.

535
00:40:42,240 --> 00:40:44,960
» Do I have a second?
>> Second.

536
00:40:43,520 --> 00:40:47,040
» All those in favor? I
>> chair votes I as well. Thank you very

537
00:40:46,640 --> 00:40:50,440
much.
>> Have a great night.

538
00:40:53,520 --> 00:40:57,079
» Thank you.
>> Thanks everybody.

539
00:40:58,640 --> 00:41:06,640
» All right.
Um we have agenda item D, emergency

540
00:41:03,040 --> 00:41:10,480
certification for Walter and Patricia um
Mark Kenowitch.

541
00:41:09,378 --> 00:41:15,760
[laughter]
>> I was trying to figure it out. I'm

542
00:41:12,720 --> 00:41:21,200
hoping that I said that right. Uh for 99
Roger Street. Um this is I forget. Is

543
00:41:19,119 --> 00:41:24,160
this tree removal or is this uh
>> this is a failed septic

544
00:41:23,200 --> 00:41:29,040
» 905?
>> Yep. Um and the wetlands Yeah. very

545
00:41:26,000 --> 00:41:35,400
visible from the road. So uh place
conditions on that. Uh so I'd request

546
00:41:30,880 --> 00:41:35,400
the commission move to ratify that.

547
00:41:36,000 --> 00:41:45,280
» Seems pretty standard. Yep.
We encourage surge.

548
00:41:42,560 --> 00:41:50,400
» Yeah.
>> All right. Um, if there's no further

549
00:41:48,319 --> 00:41:54,560
discussion, could I have a motion to
ratify the emergency certification?

550
00:41:53,359 --> 00:41:55,839
» I'll make that motion.
>> Do I have a second?

551
00:41:55,440 --> 00:41:57,440
» Second.
>> All those in favor?

552
00:41:56,880 --> 00:42:02,960
» I.
>> Chair votes I as well. Agenda item E is

553
00:42:00,720 --> 00:42:09,359
a uh enforcement order for Joe and
Patricia Lazaro for 350 Pinnacle Street.

554
00:42:06,160 --> 00:42:14,240
So, this is tree cutting. Um my
understanding is that there was

555
00:42:11,760 --> 00:42:19,440
essentially a a larger tree that was
removed and a few smaller trees. You

556
00:42:17,040 --> 00:42:26,400
went out there, you stopped, they
stopped um all activity. Um,

557
00:42:23,359 --> 00:42:33,200
so I guess like
the the enforcement order,

558
00:42:30,480 --> 00:42:40,839
the the this the pictures I you know
that um were provided

559
00:42:36,560 --> 00:42:40,839
um the

560
00:42:40,880 --> 00:42:52,160
the the the
two there's a pretty rough looking stump

561
00:42:48,640 --> 00:42:58,960
um and then a another stump dump that
was a bit bigger. Um,

562
00:42:55,920 --> 00:43:03,920
you know, the the activity has stopped.
I guess

563
00:43:00,800 --> 00:43:09,680
do we
trying to get a, you know, scope or a

564
00:43:06,720 --> 00:43:18,079
sense of how much clearing was done? It
doesn't seem like it was a ton. Uh, but

565
00:43:13,040 --> 00:43:25,200
it it was more than nothing. Um, you
know, it's

566
00:43:21,119 --> 00:43:29,839
» Was this Was this a Good Samaritan phone
call?

567
00:43:27,680 --> 00:43:33,599
» It Yeah, it's so it's been suggested
that it was a sort of an I I don't know

568
00:43:32,079 --> 00:43:36,400
who who the phone calls from, but it was
Yeah, it was reported to me. Um,

569
00:43:35,359 --> 00:43:42,079
» anonymous reporting.
>> Anonymous reporting. Uh, take it

570
00:43:39,839 --> 00:43:45,760
take whatever that means. But, um,
basically, yeah, I was called out there.

571
00:43:43,760 --> 00:43:52,160
Um most of the vegetation that was
removed was like vining material. So it

572
00:43:48,160 --> 00:43:56,640
was a lot of um grape and um
bittersweet. So you know the landowner

573
00:43:54,880 --> 00:43:59,599
expressed concern over the health of the
trees.

574
00:43:58,240 --> 00:44:04,400
It you know would have been something I
think was roughly equivalent in that

575
00:44:01,599 --> 00:44:10,480
sense to like vista pruning which could
have been you know proved through an

576
00:44:06,560 --> 00:44:16,960
RDA. Um it is you know definitely within
the 25 foot no disturb zone uh

577
00:44:12,800 --> 00:44:21,440
especially in in one area um where I I'd
taken the picture but you know a portion

578
00:44:18,640 --> 00:44:28,240
of that was in the 25 ft uh no disturb
zone um there were I think definitely

579
00:44:25,839 --> 00:44:32,720
like two trees that were removed.
Another stump that I took a picture of

580
00:44:31,119 --> 00:44:37,670
the way it was sprouting it seemed like
it was probably um like a grape vine

581
00:44:34,720 --> 00:44:41,440
like a large woody vine. Um,
[clears throat] but there was definitely

582
00:44:38,800 --> 00:44:45,920
two that I think were probably red
maples that were one of them was was

583
00:44:43,520 --> 00:44:51,760
leaning quite substantially towards, you
know, the house, which um is a

584
00:44:48,640 --> 00:44:55,839
consideration, but uh the the landowner
said basically and and she did bring me

585
00:44:53,599 --> 00:45:01,200
the uh the invoice and the the contract
that she had and the work prop uh

586
00:44:59,119 --> 00:45:06,720
proposed was supposed to be limited to
just um vine removal. you know, there

587
00:45:04,400 --> 00:45:11,119
wasn't any uh sign on for for tree
removal. You said that was provided by

588
00:45:08,960 --> 00:45:14,720
the uh you know, just the contractors
while they were out there and observed

589
00:45:12,640 --> 00:45:19,760
them. So,
I uh I just chose to initially

590
00:45:17,920 --> 00:45:24,000
uh issue a cease and desist, have them
stop work and they cleaned up and and

591
00:45:21,599 --> 00:45:27,839
moved out. But um if the commission was
wanting to uh require further

592
00:45:26,000 --> 00:45:36,000
restoration or or planting of trees or
shrubs um certainly within your uh your

593
00:45:31,920 --> 00:45:40,960
jurisdiction, your power to do so. Um
just uh yeah I think uh felt confident

594
00:45:39,040 --> 00:45:45,599
in my discussion with the the land owner
and with the scope of work that um they

595
00:45:44,160 --> 00:45:50,079
would come back in you know to the
commission in the future and and um you

596
00:45:48,319 --> 00:45:53,440
know that it could be just like a a
first warning I guess with a a sort of

597
00:45:52,720 --> 00:45:56,160
limited
>> learn

598
00:45:54,079 --> 00:46:01,280
» lesson learned potentially. I I
>> looking at the photos, it seems like I

599
00:45:58,960 --> 00:46:06,800
like I don't really know what we would
be restoring if we requested if we, you

600
00:46:04,720 --> 00:46:11,760
know, needed a restoration plan.
>> I I agree with you. I think common sense

601
00:46:08,560 --> 00:46:14,480
is they got a lesson. We're not going to
we don't know for sure.

602
00:46:13,920 --> 00:46:18,640
» Yeah.
>> What left there. So, I say we

603
00:46:17,280 --> 00:46:21,119
» Yeah. Yeah. And I'll just say I think
like

604
00:46:19,440 --> 00:46:26,400
» in terms of depth they knocked a few
feet back of that was it seemed to just

605
00:46:24,640 --> 00:46:29,040
be all the material I was looking at was
either grape or bittersweet. It was

606
00:46:28,240 --> 00:46:32,640
vining material
>> invasive vines.

607
00:46:30,560 --> 00:46:37,920
» Yeah. Yeah. Grape is like you know
technically native but it is a nuisance

608
00:46:35,359 --> 00:46:40,079
um in many in many ways. Um
>> yeah I said we don't complicate their

609
00:46:39,440 --> 00:46:43,440
lives anymore.
>> Yeah. I mean it's just unfortunate

610
00:46:41,520 --> 00:46:49,599
because like if they came through as an
RDA like would anybody have

611
00:46:46,800 --> 00:46:54,480
» like you know it would have been a very
simple thing but like you is this what

612
00:46:52,480 --> 00:46:58,000
Abigail had done tried to talk to some
of these tree vendors for the old upsell

613
00:46:56,720 --> 00:47:05,440
the neighbor has a tree
>> she did two um sessions for tree vendors

614
00:47:02,560 --> 00:47:10,160
» exactly this oh hey we can take that one
down you know um [clears throat]

615
00:47:08,400 --> 00:47:12,319
» so anyway lesson learned
Um,

616
00:47:10,560 --> 00:47:15,520
» yep. I think so. And and the landowner
also I don't, you know, express that

617
00:47:14,079 --> 00:47:19,599
they had called the town a few times and
there might have been a transition or

618
00:47:16,880 --> 00:47:23,359
might might not have been somebody. Um,
so I think that's just another reason to

619
00:47:22,319 --> 00:47:26,160
sort of
>> slap on the wrist and, you know, if if

620
00:47:24,880 --> 00:47:29,760
something does happen in the future,
then we can look back on it. But, um,

621
00:47:29,200 --> 00:47:34,960
» okay.
>> My recommendation.

622
00:47:30,960 --> 00:47:40,880
» All right. So, luckily we don't get a
tremendous amount of enforcement orders.

623
00:47:37,599 --> 00:47:45,359
Can you remind me about how we need to
close this out? Do we ratify enforcement

624
00:47:43,440 --> 00:47:48,800
orders or do we
>> Yeah, I've just written up a document to

625
00:47:47,280 --> 00:47:52,560
have have you signed as the chair. Um
there's not really a formal if you would

626
00:47:50,720 --> 00:47:55,599
make a motion to to ratify it and then I
have something for you to sign to

627
00:47:54,319 --> 00:48:01,119
basically be on the record.
>> All right. So, I'll take a motion to

628
00:47:58,160 --> 00:48:05,520
ratify the enforcement order. Um and
hopefully it doesn't come back unless

629
00:48:03,599 --> 00:48:07,520
it's an RDA.
>> So moved. Do I have a second?

630
00:48:07,119 --> 00:48:11,839
» Second.
>> All those in favor? I

631
00:48:09,359 --> 00:48:16,720
» votes I as well.
>> All right. Um, agenda [clears throat]

632
00:48:14,560 --> 00:48:20,160
item F is a public hearing notice of
intent and land disturbance permit for

633
00:48:18,640 --> 00:48:30,400
Marberg
1777 LLC 1777 Main Street, assessor's

634
00:48:24,400 --> 00:48:38,000
map 85, lot 1 D file number 305-1233.
Um the applicant is requesting it uh to

635
00:48:34,319 --> 00:48:43,760
continue until the September um 16th
meeting. I just want to bring up that uh

636
00:48:41,680 --> 00:48:48,079
Linda and Tom, you both went out and did
a site visit with them.

637
00:48:45,599 --> 00:48:52,720
» All right. So I I let's just keep that
fresh in our mind so when they come I I

638
00:48:50,240 --> 00:48:56,880
want to hear more about it, but without
the applicant being here, you know,

639
00:48:55,040 --> 00:48:59,520
let's not talk about
>> with us. He's been out. You've been out

640
00:48:58,800 --> 00:49:01,119
there twice, right?
>> Mhm. Yeah.

641
00:49:00,319 --> 00:49:07,359
» Y
>> um All right. So, I'll take a motion to

642
00:49:04,319 --> 00:49:09,760
continue that to the um September 16th,
2026 meeting.

643
00:49:08,559 --> 00:49:11,119
» I'll make a motion.
>> Do I have a second?

644
00:49:10,800 --> 00:49:14,559
» Second.
>> All those in favor?

645
00:49:12,160 --> 00:49:22,240
» I chair I as well.
>> Uh agenda item G, public hearing, major

646
00:49:16,800 --> 00:49:28,079
land disturbance uh for uh ETS, Inc. 600
Wuburn Street, Assessor's Map uh 3, lot

647
00:49:25,280 --> 00:49:35,119
82. applicant uh has requested a
continuation into the September 16th,

648
00:49:31,920 --> 00:49:40,640
2026 meeting. Um
not much to say about this one either.

649
00:49:38,720 --> 00:49:43,760
Uh could I have a motion to continue
this to the September 16th, 2026

650
00:49:43,440 --> 00:49:45,119
meeting?
>> So moved.

651
00:49:44,240 --> 00:49:47,200
» Do I have a second?
>> Second.

652
00:49:46,240 --> 00:49:52,240
» All those in favor?
>> I chair votes I as well. Agenda item H

653
00:49:50,720 --> 00:49:57,359
is
the same property public hearing notice

654
00:49:55,119 --> 00:50:04,280
of intent Gene Sullivan 600 Wuburn
Street assessor's map 3 lot 82 DP file

655
00:50:00,480 --> 00:50:04,280
number 305-1231.

656
00:50:04,400 --> 00:50:11,440
Um could I have a motion to continue
this to the September 16th, 2026

657
00:50:10,480 --> 00:50:12,800
meeting?
>> Do I have a second?

658
00:50:12,400 --> 00:50:15,440
» Second.
>> All those in favor?

659
00:50:13,760 --> 00:50:20,960
» I
chair U votes I as well. Um, all right.

660
00:50:19,280 --> 00:50:26,559
Public hearing, notice of intent and
land disturbance permit, uh, and land

661
00:50:23,440 --> 00:50:33,760
disturbance, uh, for Tyler Ryan, 7375
Hillman, street assessor's map 35, lot 6

662
00:50:29,760 --> 00:50:39,440
DP file number 305-123,
uh,2. Now, I hate to do this to you,

663
00:50:36,880 --> 00:50:43,839
Dennis, out of an abundance of caution,
you've recused yourself from all these

664
00:50:41,520 --> 00:50:48,960
other meetings. Could do you mind?
>> I'm out of here. [laughter]

665
00:50:46,400 --> 00:50:52,390
I just want to be know everything.
>> You don't have to tell him twice.

666
00:50:50,370 --> 00:50:52,390
[laughter]

667
00:50:52,880 --> 00:50:58,480
» I think he was looking forward to
>> see you later.

668
00:50:57,040 --> 00:51:01,480
» See you.
>> Um,

669
00:51:02,960 --> 00:51:08,640
» this shouldn't take long. So, if you
don't want to be

670
00:51:06,800 --> 00:51:13,680
» Don't have to leave. [laughter]
>> Never mind. All right. Um,

671
00:51:10,800 --> 00:51:21,040
» he's gone. Fix it. My understanding is
that um the applicant is requesting to

672
00:51:18,079 --> 00:51:28,720
uh withdraw without prejudice. So I just
want to be very careful um that we like

673
00:51:25,839 --> 00:51:34,960
you know that means that they could come
back at any time and we can't really you

674
00:51:32,559 --> 00:51:40,319
know take what they said at previous
meetings into account all that much. Um

675
00:51:38,720 --> 00:51:45,280
you know even if it's a very similar
thing. So let's just keep that in mind.

676
00:51:43,200 --> 00:51:48,160
Um you know try not to discuss it
discuss it in a quorum all that much

677
00:51:47,355 --> 00:51:54,640
[laughter]
um for you know transparency's sakes. U

678
00:51:52,000 --> 00:52:01,599
but with that being said um could I have
a motion to I guess grant or ratify

679
00:51:58,480 --> 00:52:04,720
their um request to withdraw the
application without prejudice.

680
00:52:03,680 --> 00:52:06,079
» I'll make that motion.
>> Do I have a second?

681
00:52:05,680 --> 00:52:11,520
» Second.
>> All those in favor I

682
00:52:07,599 --> 00:52:15,599
» chair votes I as well. Um, all right.
Administrator's report. We have a

683
00:52:13,119 --> 00:52:21,680
emergency certification for Sander uh
Dukshshire 375 Kendall Road. Um,

684
00:52:19,599 --> 00:52:26,720
» yeah. Did Dennis definitely leave? Do we
do we feel like he's gone? Did he

685
00:52:24,319 --> 00:52:31,119
actually is he out of the building or
can he be invited back in?

686
00:52:28,559 --> 00:52:35,359
» Oh, he's he's gone
that way.

687
00:52:32,640 --> 00:52:40,160
» Um, yeah. So, uh, the commission has
previously ratified this, uh, emergency

688
00:52:37,359 --> 00:52:44,319
certification, but the, uh, they
actually needed a little bit more time

689
00:52:41,280 --> 00:52:47,680
to to finish it. Um, so they didn't get
started. They didn't actually apply for

690
00:52:45,839 --> 00:52:51,119
their permits, um, until a little bit
later in the month. So, uh, I have been

691
00:52:49,680 --> 00:52:55,839
informed that everything is finished,
but they just had before the the

692
00:52:53,599 --> 00:53:00,400
expiration date, they'd requested, um,
an extension to the 31st just to, you

693
00:52:58,640 --> 00:53:05,520
know, two or three extra days to
actually finish uh, that that tie-in.

694
00:53:02,640 --> 00:53:10,559
So, my recommendation would be to um to
vote to grant that request. Um and I

695
00:53:08,559 --> 00:53:14,160
prepared a memo for you to sign that
just indicates why the extra time was

696
00:53:12,960 --> 00:53:19,040
needed.
>> All right. So, do we actually have to

697
00:53:15,920 --> 00:53:24,559
make a motion for extending the
emergency certification?

698
00:53:21,440 --> 00:53:28,000
» I I don't think there's a formal process
for it. And so, I would I would

699
00:53:26,559 --> 00:53:30,559
recommend just just doing it to cover
your bases.

700
00:53:28,559 --> 00:53:34,400
» All right. Then I will take a motion to
con to uh extend the emergency

701
00:53:32,800 --> 00:53:35,839
certification.
>> So moved.

702
00:53:34,960 --> 00:53:37,440
» Do I have a second?
>> Second.

703
00:53:36,319 --> 00:53:40,640
» All those in favor?
>> I

704
00:53:38,240 --> 00:53:48,800
» chair votes I as well. All right. So
before we adjourn um so I I just so

705
00:53:45,839 --> 00:53:55,359
the issue of pools and uh you know very
close to the wetlands. I think we should

706
00:53:50,960 --> 00:54:00,160
you know start to discuss what we would
like to see. We we

707
00:53:57,839 --> 00:54:06,160
you know we very rarely I don't think
we've ever said no to something like a

708
00:54:03,280 --> 00:54:12,240
pool somebody enjoying their backyard.
Um we just the the issue for pools are

709
00:54:10,160 --> 00:54:19,200
that there's a tremendous amount of
chlorinated or

710
00:54:15,200 --> 00:54:25,760
water with chemicals in it in it um that
could be going into the wetlands. We

711
00:54:22,079 --> 00:54:33,119
want to avoid that. So, um, we can kind
of start to come up with ideas. Maybe

712
00:54:29,440 --> 00:54:41,359
there's another town, uh, close by that
has something that, you know, allows

713
00:54:36,160 --> 00:54:46,960
them, you know, to build pools that
close to the wetland, but with other

714
00:54:44,000 --> 00:54:53,520
provisions of how that can be safely
done. So they can't just dump, you know,

715
00:54:51,440 --> 00:54:57,280
13,000 gallons of water into the
wetlands. If that's the if if the com if

716
00:54:56,559 --> 00:55:02,079
the
>> I think we need to I agree we need to

717
00:54:59,520 --> 00:55:09,119
» a little bit of boilerplate language.
>> Yeah. and and I I don't think it should

718
00:55:05,280 --> 00:55:14,079
be, you know, by right, you know, you
just automatically get it, you know, but

719
00:55:12,079 --> 00:55:17,359
something that's a little bit more
guidelines on how we

720
00:55:15,520 --> 00:55:20,720
» like we should at least protect the 25
foot

721
00:55:18,800 --> 00:55:24,240
» zone, you know, at least don't build in
that. And I know it's a problem cuz

722
00:55:22,400 --> 00:55:28,319
there's houses that are
>> built so close to the wetland.

723
00:55:25,839 --> 00:55:32,400
» Yeah. But, you know, then if you want a
pool, you need to move because that we

724
00:55:30,720 --> 00:55:34,880
need to at least protect that 25.
>> I know

725
00:55:33,119 --> 00:55:37,440
» it's not like
>> if you have [clears throat] a pool that

726
00:55:36,000 --> 00:55:41,040
close to the wetlands, the water's going
to get in there. There's there's no

727
00:55:39,280 --> 00:55:43,280
one's going to be able to police that.
So, it

728
00:55:41,680 --> 00:55:49,359
» it's all a give and take. Like, you
know, I'm sure when we all bought our

729
00:55:45,839 --> 00:55:55,040
houses, there was good things about
where the location was and then there's

730
00:55:51,920 --> 00:56:00,000
other annoying things about where it is.
I have National Grid who can come and

731
00:55:57,119 --> 00:56:02,640
just clear cut my lawn anytime they want
to. But

732
00:56:01,280 --> 00:56:08,000
» save me from buying a lawnmower.
>> Yeah, exactly. There there are benefits

733
00:56:04,799 --> 00:56:11,920
that I don't have to do that. Um but so
like that might be one of the

734
00:56:10,000 --> 00:56:17,040
unfortunate things is like if you buy a
house right next to the wetlands, it's

735
00:56:14,960 --> 00:56:23,839
going to be really difficult for you to
have a pool. You know, maybe that means

736
00:56:20,960 --> 00:56:28,000
there's a jacuzzi there that, you know,
we're we're more comfortable with a

737
00:56:25,440 --> 00:56:34,319
small, you know, uh, pool or something.
And and maybe that's it. Like, you know,

738
00:56:30,559 --> 00:56:41,119
within the 50 foot zone, you can have a
pool within the 25 foot, you're really

739
00:56:38,160 --> 00:56:42,799
limited to a certain size pool or
something that whatever we feel

740
00:56:42,319 --> 00:56:46,160
comfortable.
>> Right. And it's And

741
00:56:44,319 --> 00:56:49,839
» yeah, I would say nothing in the 25.
>> You say nothing in the 20. No. And and

742
00:56:48,480 --> 00:56:54,559
if you are going to be right on that
cusp, if it it would have to be above

743
00:56:52,000 --> 00:56:59,280
ground and you would have to have like a
drywall so you could discharge, you

744
00:56:56,880 --> 00:57:01,040
know, we we got to we've got to protect
this cuz it's

745
00:57:00,400 --> 00:57:06,079
» Yeah.
>> You can't you can't police it.

746
00:57:04,240 --> 00:57:09,440
» Um
>> Yeah.

747
00:57:07,040 --> 00:57:13,040
» Yeah. I would just suggest the the
condition that I tried was, you know, an

748
00:57:11,520 --> 00:57:18,400
attempt to police it. I think it could
be workshopped, but basically I think

749
00:57:15,119 --> 00:57:23,520
there could be a way to have, you know,
if a determination is issued for a pool

750
00:57:20,400 --> 00:57:27,760
in the 25 to 50 foot zone, they have to,
you know, give some indication of of the

751
00:57:25,920 --> 00:57:32,000
maintenance and it could be a routine
reporting thing where I I don't have any

752
00:57:30,000 --> 00:57:35,760
intentions of of leaving anytime soon.
So, where, you know, could actually

753
00:57:34,000 --> 00:57:41,280
receive that information, store it, make
sure it's recorded. Um, it doesn't have

754
00:57:38,319 --> 00:57:45,359
to be exactly uh a pool, you know, a
professional pool company

755
00:57:42,799 --> 00:57:49,920
» with a, you know, that does come do, you
know, a cleanout and and has the the

756
00:57:47,200 --> 00:57:54,640
invoice. It could be um a written
statement from the the landowner

757
00:57:51,760 --> 00:57:59,520
describing what they did. Um but having
a you know an annual summary um just it

758
00:57:59,040 --> 00:58:05,200
could be a
>> or like you know another

759
00:58:02,480 --> 00:58:09,839
like you mentioned that it's would be
relying on neighbors to report their

760
00:58:07,599 --> 00:58:16,240
neighbors. That's always a tricky thing
like it's it's not fun to Yeah. Like but

761
00:58:13,680 --> 00:58:19,920
perhaps it's like you know one of the
special conditions or one of the not

762
00:58:18,400 --> 00:58:25,040
special conditions the automatic
condition is that like the conservation

763
00:58:22,160 --> 00:58:29,839
agent can go and inspect on a yearly
basis or something like that maybe you

764
00:58:27,760 --> 00:58:34,400
know by you know yearly or what whatever
it might be whatever we feel comfortable

765
00:58:31,839 --> 00:58:37,760
with um to you know
>> right traditionally you're going to deal

766
00:58:35,760 --> 00:58:40,720
with this winterizing.
>> Yeah just winterizing.

767
00:58:39,280 --> 00:58:42,799
» Yeah. Um,
>> but we could at least get a sense of

768
00:58:42,480 --> 00:58:45,905
like
>> I I agree. I I think it's

769
00:58:44,240 --> 00:58:49,200
» Hey, all of these trees are dying.
[laughter] Like clearly,

770
00:58:47,280 --> 00:58:51,599
» you know, nothing else in turns into a
check a checklist for the homeowner.

771
00:58:50,880 --> 00:58:53,680
» Yeah. Yep.
>> Yeah. Exactly.

772
00:58:52,559 --> 00:58:56,400
» You're going to have to pick your permit
up. Here's take this checklist because

773
00:58:55,359 --> 00:58:59,280
this is what you're going to get. You
know,

774
00:58:57,040 --> 00:59:04,240
» if you're within, you know, if you're
within so so far of the wetland, you

775
00:59:02,079 --> 00:59:06,640
know, a distance of the wetland, then
this is what you need to do.

776
00:59:05,760 --> 00:59:10,160
» Mhm. Yeah.
>> You know, boom, boom, boom. Down the

777
00:59:08,720 --> 00:59:11,200
line. and I can just look at the thing,
check it off and

778
00:59:10,960 --> 00:59:14,640
» Yeah.
>> But I agree with Linda, we got to draw

779
00:59:12,640 --> 00:59:19,200
the line at 25 ft. We just got to say
enough.

780
00:59:16,480 --> 00:59:23,920
» Yeah. Um and just for my own review, you
know, if the commission would entertain

781
00:59:22,400 --> 00:59:27,599
the topic of uh you know, in ground
pools versus above ground, um you know,

782
00:59:26,240 --> 00:59:32,240
and whether those should be viewed
differently, if they're both in the same

783
00:59:29,760 --> 00:59:38,240
footprint. Um in my mind, an above
ground pool is much less disturbance. Um

784
00:59:35,280 --> 00:59:41,280
» and usually temporary, too. Yeah, it
doesn't have to be a

785
00:59:39,359 --> 00:59:44,319
» once you sink that money into an
ingground

786
00:59:41,839 --> 00:59:48,640
» draw down an above ground pool less
volume and traditionally they're not

787
00:59:45,920 --> 00:59:53,440
20,000 25,000 gallons you know if we're
looking at percentages you know it's a

788
00:59:50,079 --> 00:59:56,720
thousand you know uh um the previous man
there was he was pretending it was

789
00:59:55,040 --> 01:00:02,400
dimminimous it's like it's not it's not
it's a thousand gallons you're taking

790
00:59:58,240 --> 01:00:07,680
» yeah it's it's not nothing um you know
um

791
01:00:03,520 --> 01:00:13,040
» no I think we that's a great
Um

792
01:00:08,160 --> 01:00:18,319
» yeah you so like I mean we can start
coming up with like actual language. Um

793
01:00:15,920 --> 01:00:23,440
nothing like I I don't want to put
something on the agenda just yet but we

794
01:00:21,359 --> 01:00:28,960
like we can at least start thinking
about it and put it put something on the

795
01:00:25,760 --> 01:00:34,480
agenda in the future in the near future
uh once we have like maybe some wording

796
01:00:31,359 --> 01:00:37,839
uh done. Now, changing the bylaw would
require um you know, going to town

797
01:00:36,960 --> 01:00:41,040
meeting and stuff,
>> right? We have to get the article in.

798
01:00:39,920 --> 01:00:44,960
» Yeah. Yeah. So,
>> that's a that that's a process. This

799
01:00:43,359 --> 01:00:47,839
isn't going to happen overnight, but you
know,

800
01:00:45,440 --> 01:00:50,720
» uh I can take a look and see if it would
necessitate a bylaw change or if it

801
01:00:49,520 --> 01:00:51,599
could just be the regs cuz I know the
regs.

802
01:00:51,119 --> 01:00:55,359
» Oh, yeah.
>> You can update the regs with, you know,

803
01:00:53,119 --> 01:01:01,760
public public meeting, publicly noticed.
Um it's much easier. So I think if uh

804
01:01:00,400 --> 01:01:05,040
I have to get town council's perspective
on it, but as long as that all aligned

805
01:01:04,319 --> 01:01:08,079
um
>> or you know if they think that it could

806
01:01:06,640 --> 01:01:10,160
be a separate policy document that
>> we want to we we want to do it

807
01:01:09,599 --> 01:01:12,720
correctly.
>> Yeah.

808
01:01:10,480 --> 01:01:20,559
» We want to be able to enforce it.
>> Um all right. So and then so battery

809
01:01:16,079 --> 01:01:25,280
storage. Um this is the other thing. um
like

810
01:01:22,400 --> 01:01:32,720
I I guess I want to be careful because I
think you know we can't go above and

811
01:01:28,799 --> 01:01:38,480
beyond what the state allows or doesn't
allow or I this is where it gets

812
01:01:36,240 --> 01:01:43,760
confusing for me personally is that it's
like the state says you can do one thing

813
01:01:41,760 --> 01:01:47,599
sometimes you can be more strict other
times

814
01:01:45,280 --> 01:01:54,400
depending on how they write it we can be
less strict I believe. Um well, reading

815
01:01:51,440 --> 01:01:58,880
reading the one of the towns that was
dealing with this, they said that they

816
01:01:56,559 --> 01:02:05,760
were changing
their their town policy to address a

817
01:02:03,200 --> 01:02:12,480
newer threat to the environment. And
that fire that was uh I saw the article

818
01:02:09,839 --> 01:02:16,160
that was passed around the fire that uh
now the now the groundwater is

819
01:02:14,000 --> 01:02:20,000
contaminated from a lithium battery
burning actually burning. All right.

820
01:02:18,319 --> 01:02:22,079
» Now, that's a concern.
>> Yeah.

821
01:02:20,319 --> 01:02:26,319
» Um and especially since we were talking
about something and it's not over that

822
01:02:24,640 --> 01:02:30,160
was right next to the Great Swamp.
>> Mhm.

823
01:02:27,040 --> 01:02:33,920
» Um I think it's something we need to
we need to look at.

824
01:02:31,359 --> 01:02:39,440
» Yeah. I just want to be careful because
like, you know,

825
01:02:36,799 --> 01:02:44,720
» it's got nothing to do to me. It's
something that has brought

826
01:02:41,920 --> 01:02:49,359
a new threat to us and we're not taking
it. It just it was in front of us.

827
01:02:46,640 --> 01:02:57,280
» No. No. I and I get that. I just I want
to be very careful when crafting a law

828
01:02:52,079 --> 01:03:02,880
because we can't I think the the risk we
take is if we just said, you know,

829
01:03:00,480 --> 01:03:08,319
lithium ion batteries are not allowed
within 100 ft of the uh buffer zone or

830
01:03:07,440 --> 01:03:10,799
whatever it is,
>> right? You know what? I don't think

831
01:03:09,280 --> 01:03:16,799
we're going to do a blanket statement,
>> but I'm just saying that might mean that

832
01:03:13,200 --> 01:03:22,000
anybody who owns an electric car would
not be able to own their electric car if

833
01:03:19,599 --> 01:03:26,240
they're in, you know, the uh, you know,
if they're on the buffer zone.

834
01:03:24,480 --> 01:03:30,720
Obviously, I I don't think anybody's
intention is to say you can't, you know,

835
01:03:28,240 --> 01:03:36,799
own a certain type of car. I don't think
the, you know, state would allow us to

836
01:03:33,280 --> 01:03:41,039
draft and adopt a bylaw saying as such.
Right. So like

837
01:03:37,839 --> 01:03:45,520
» I think though reading articles about
you know cuz it is a new up and coming

838
01:03:42,960 --> 01:03:52,400
thing other towns were addressing it.
We've already had a we've already had a

839
01:03:47,839 --> 01:03:55,760
um you know a failure of it and they and
they detected the chemicals in there in

840
01:03:54,240 --> 01:04:00,480
the groundwater. So
>> we need to look at that. You know um

841
01:03:58,319 --> 01:04:06,640
don't forget this project that came
before us had the state 100 was it 112

842
01:04:04,400 --> 01:04:10,319
exemptions.
so they could build it.

843
01:04:07,760 --> 01:04:12,960
» It was a a massive amount of
>> And

844
01:04:11,119 --> 01:04:20,160
» could we but could we put in something
like we need to have full containment in

845
01:04:17,119 --> 01:04:24,160
case of emergency if you're a battery
plant of this size cuz that that was a

846
01:04:22,400 --> 01:04:27,520
big issue. There was no containment if
there's a fire and it goes on for 8 days

847
01:04:26,400 --> 01:04:31,200
and
>> you know burns for 8 days.

848
01:04:28,960 --> 01:04:33,920
» I think just I do I I think it needs to
be looked at.

849
01:04:32,240 --> 01:04:37,119
» Yeah. And you know, I don't want to do
blanket statements, but I think we need

850
01:04:35,200 --> 01:04:40,799
to see what are other people doing.
>> Yeah. Exactly. I think

851
01:04:38,559 --> 01:04:44,079
» and let's let's see go from there. You
know, we don't need to say boom boom

852
01:04:42,079 --> 01:04:46,640
boom, but other people are addressing
it.

853
01:04:44,480 --> 01:04:51,520
» Yeah. And we don't need to reinvent the
wheel. We can look at other towns and

854
01:04:49,200 --> 01:04:56,880
seeing what they're doing. Uh
>> cuz I don't know what's reasonable at

855
01:04:53,839 --> 01:05:03,599
this point. like you know um if there's
a

856
01:04:59,039 --> 01:05:08,240
a limit of like you know for if it's one
or two we take that risk but if it's

857
01:05:06,160 --> 01:05:14,799
over a certain number we say we really
got to you know do some research on what

858
01:05:12,240 --> 01:05:19,839
is the adequate you know way to contain
something like this. Um, [snorts] and

859
01:05:17,599 --> 01:05:25,280
then, you know, compare that to what the
state would uh, you know, allow us to

860
01:05:22,720 --> 01:05:27,599
actually permit and stuff.
>> I agree [clears throat] with Steve. I

861
01:05:26,400 --> 01:05:29,599
think we just need, you know, find out
what other people are doing first.

862
01:05:29,200 --> 01:05:34,079
» Yeah.
>> And then start to see what's

863
01:05:32,880 --> 01:05:37,039
» what makes sense.
>> Yeah. Exactly.

864
01:05:35,520 --> 01:05:41,440
» Yeah. We don't want to do a hard line,
but we also want to see because I read

865
01:05:39,440 --> 01:05:44,640
two articles that towns were addressing
this headon. M

866
01:05:43,119 --> 01:05:48,079
» they're conservation people.
>> They're not not just

867
01:05:46,079 --> 01:05:50,640
» No, they were they were like, "Okay,
this this is

868
01:05:49,599 --> 01:05:53,920
» we're seeing a trend."
>> Mhm.

869
01:05:51,599 --> 01:05:58,480
» Um and I'm sure we had some visibility
in that.

870
01:05:54,559 --> 01:06:02,720
» Yeah. Um All right. So, you know, again,
I don't think we can come to any, you

871
01:06:01,119 --> 01:06:06,640
know, I don't want to rewrite the law
right now. [laughter] Um, but we can,

872
01:06:05,280 --> 01:06:11,280
you [clears throat] know, think about
this and, um, you know, do some research

873
01:06:09,680 --> 01:06:16,559
on other towns, see what they're doing,
and and then come back and either maybe

874
01:06:13,520 --> 01:06:21,680
it's a regulation um, um, update, maybe
it's a a bylaw update, whatever it is.

875
01:06:19,280 --> 01:06:26,480
Uh, we can just be prepared the next
time something like this happens. And,

876
01:06:24,079 --> 01:06:29,359
you know, we're going to have a little
bit more force behind,

877
01:06:27,760 --> 01:06:34,480
» right? I think we would be remiss in our
duties if we didn't look into it.

878
01:06:32,079 --> 01:06:38,319
» All right. With that, if there's no
further discussion, I will entertain a

879
01:06:36,799 --> 01:06:39,680
motion to adjurnn.
>> Do I have a second?

880
01:06:39,200 --> 01:06:45,160
» Second.
>> All those in favor. Chair

881
01:06:41,440 --> 01:06:45,160
» votes I as well.