Inland Wetlands & Watercourses Commission - Regular Meeting

Monday, August 18, 2025
Transcript
Video
Agenda

About this meeting

Government Body
Inland Wetlands & Watercourses Commission
Meeting Type
Inland Wetlands & Watercourses Commission
Location
Bloomfield, CT
Meeting Date
August 18, 2025

Transcript

147 sections (from 488 segments)

0:00 – 0:200

stream. Working on that right now. Okay. What's that? Just working on the live stream to YouTube. Sorry. All set.

0:16 – 1:100

All right. We're good. All right. going to call to order the Bloomfield Inland Wetlands and Water Course Commission meeting of August 18th, 2025. It is 7 p.m. Um, and present we have Stephen, Glenn, Adam, Lorenzo, and Kevin, and myself. So, we have six members. That's good. Uh, old business, cease and desist of 61 East Dudley Town Road. Where are we with that, Peter? We have to promote anybody.

1:06 – 1:300

Um, yes. Um, Mr. Quirk and Mr. Fairclaw need to be uploaded. Um, all set. Okay. Should we ask Mr. Jones to uh change his background? Do we care?

1:35 – 3:350

All right. Well, we I guess we'll talk about it as we get through. So, um cease and desist order. Uh, I was there this morning at 9:00 am. I met with representatives of uh green uh recycling uh green earth recycling and I looked at the the last item that wasn't completed uh for last week last month's meeting um which was some seating and moving of um a pile of uh pile of um uh rock and and rubble debris. Um, they did all of the seating. The the rock and debris uh pile has been uh partially shifted. I believe it's all out of the wetlands. So, it's not a it's no longer a uh a violation. Um, and it's my recommendation to the commission that they lift the the cease and desist order. Um, I I didn't include um my copy of my July 11th um memorandum in the in the agenda package and I should have done so uh what the what the uh uh July 11th memorandum said um the status of the uh corrective measures were uh and then I listed eight of them. So in the uh uh or in July at the last meeting uh three of them were still unc incompleted. Um removing uh um sediments was one um uh excavate and remove uh sand pile and um the other was remove the rub rubble uh stockpile from the wetlands. So, as

3:33 – 4:170

of today, all eight of these items have been completed. At least to my satisfaction, I believe the conditions that um uh required a cease and desist order are no longer present on the site. That's all I have, Mr. Chairman. Okay. Any questions from the commission? All right. Any comments from the uh applicant or the owner? No, no comments. All right. So, is there a motion to lift the cease and desist?

4:16 – 4:530

So move. Made by Kevin Wilcox. Second. Second by Steve. Any more discussion? All in favor say I. I I oppose. Abstain. It's unanimous. Okay. Keep the site up to stat up to uh the permit, please. Yes, sir.

4:51 – 5:220

All right. So, number two, notice of violation, 61 Eastley Town Road. That the same one, Peter? Yes. Uh, one, uh, was a notice of violation that was, um, that was postponed in the June meeting. Uh, sorry, it wasn't heard at the June meeting. By listening to cease and assist, don't we do away with the notice of violation?

5:19 – 7:060

Not quite. Let me let me explain. the the no the notice I'm sorry the cease and desist order was for a specific um uh condition in the southeast part of of the project. The notice of violation had to do with um yes with the same um the same erosion and sedimentation problem um but also required them to submit a uh permit a wetlands permit for the ongoing site operations and that they have done. It was submitted in time to be included in this agenda and it's um listed under new applications received below. So the commission last time said okay part of the conditions for the notice of violation was that they apply for a wetlands permit and they hadn't done that for the last meeting. The commission said it has to be for this meeting. So, they've complied with that part of the notice of violation uh corrective measures. So, again, I was out there this morning. There was, you know, the areas that uh were affected had been um protected and stabilized. the uh the applicant submitted their um uh their application for um you know for this meeting and um it's my recommendation that the commission lift the notice of violation because the applicant has complied with the requirements of that notice.

7:05 – 7:280

But they missed the deadline for this meeting. No, they didn't. They submitted it in time for this meeting. Are we going to hear it tonight? Uh, well, you you might, but we we got to get there first. So, the if you look in the I mean, is it a complete application? Well, yes.

7:26 – 8:390

Okay. the but I think the more important thing is that the the for for this particular agenda item is that the applicant submitted um you know did the corrective measures as required including submitting an application in time for this for this meeting. the the words from the uh April 22nd meeting um was that uh wetlands permit application for the entire entire project shall be submitted before the August 18th meeting. So I said earlier that it was the seasoned assist order that got skipped last month. It wasn't. It was the notice of violation. So, we need a motion to lift the notice of violation or do we just move on?

8:39 – 9:190

Uh, no. I think I think you need a motion would be appropriate. I I move that we lift the notice of violation for 61 Dudleytown Road Easttown Road Green Earth Recycling Site ID 2097. Uh Kevin seconded by Lorenzo. Lorenzo. Any more discussion? All in favor? I I

9:16 – 9:590

opposed abstain. It's unanimous and Byron has joined us too. Thank you. All right. So, moving on to 50 Bur Road. So, we can move remove Brian from Uh they yes um for now for now they shouldn't be removed because their application is coming up. All right. Okay. 710. Okay.

9:57 – 10:420

Who's here for 50 Bur Road? Um Mr. Clark, Mr. Ooler Moran, and I believe Mr. Webb. So the the commission may remember that uh this application was heard at the last meeting and there's been some fairly significant changes to the proposed development. Um, so, um, let's see, uh, who want who from their side wants to tell us all about it.

10:40 – 11:080

Uh, I'll introduce it. This is Todd Clark, 126 Tungstus Road, Bristol, Connecticut, uh, representing Diamond Homes LLC. Yeah. Mr. Clark, do you have a camera? [Music] Please. Um, sorry. Thank you.

11:06 – 11:570

Sorry about that. Okay. Um, okay. Uh since a previous meeting um I've been in contact with the environmental scientist uh Clint Webb and I asked him to work with Peter u to deal with the land immediately adjacent to the water course that bisects the property. Um changes that I have made since since the last meeting was the uh the turnout of the driveway. I cut that back uh as only as far as I needed to to get the cars out of the to be able to back out of the driveway and get out to the road. Um

11:540

excuse me, Mr. Mr. Clark, could you zoom in on that portion of your drawing? Yeah.

12:080

And make make that as big as you can. Okay.

12:11 – 14:080

Your shared screen. Okay, we're we're going to have the the garage in the first 24 ft of the uh the house and we're backing out into here. Um we're going to need it. We're about 2 and 1/2 ft above the uh existing ground at this point. So, we're going to have a native wall um boulders pile on top of each other. uh no no no no higher than three feet. Um and that'll bring us right down to existing grade at the at the bottom of the wall. Basically, um as I mentioned last time, you'll notice there's hardly any grading grading on the brook side of the the house. This 186 contour comes right in. We need to have it drain away from the house, of course, but the other natural contours come right in. Um and it sheds away perfectly. There's absolutely no grading across the back of the house and then up up to the side, even out to the front. Get the 180 contour here. And the existing 180 is is that line. So, there's very little disturbance. There's nothing more we could have done to help the situation here. Um, obviously, it's an existing lot of record. Uh we've got a compact house and we've stuffed it up as far away from the water course as possible. Um like I said, graded it so that there is no disturbance around here. Uh naturally, we're going to have to remove all the trees and uh it's a last meeting. You wanted to to see some particular plantings. Uh that's when I brought Clint Webb in uh to work on that with with Peter. And I'll introduce

14:050

Clint at this time to to let you know what they came up with. Clint,

14:23 – 15:060

good evening. Uh my name is Clint Webb. um Norfol, Connecticut. Uh senior environmental scientist and wetland scientist. Um yeah, so uh I got I have I have not uh visited the site, but I had uh a photograph uh from Excuse me, Mr. Web, can you turn on your camera, please? Yeah, I'm trying to figure that out. I'm sorry. Um there's usually something I'm forgetting here. I don't do Zoom very often and I don't know if your technical guy can tell me. So I when I turn it on that's all I get is this blur. So um

15:08 – 15:360

Okay. I found it at the top of the page Clint in black. Okay. And um Oh, is it view should say video? Hold on a second.

15:39 – 16:020

I just sent you a request to turn on your camera. I think it's camera's on, but it may not be focused or even pointed. Right. Yeah, because if I turn it the video off, it'll you won't have anything. Is there a little bar above your camera that you can move to the left, to the right?

16:08 – 16:500

I think it's something simple like that. I think it's just turning that camera on here. Nope. I apologize for this. I can see everybody else except for myself. Alan, do we need to see him? I like to see who I'm talking to. Yeah. No, I'm I I agree. And it's um

16:52 – 17:050

and for the record, I don't have a I am using an old computer and the video won't connect to the uh camera. Right.

17:10 – 19:020

All right, let's move along. Okay, hold on one second. Let me just All right. Um, I'll figure it out in a minute. So, uh, basically, uh, I had gotten, uh, a call about a week or so ago, um, from Todd Clark who wanted to know if, um, I could help him, uh, the African out with a planting plan, um, uh, to restore some kind of uh, vegetation uh, once they clear all the way up to uh, to the uh, uh, intermittent stream. And I um Todd, can you put that uh picture up? But anyway, so um so I I was working from uh from the photo and from the site plan and um I uh um no uh the the other one the photo that I submitted but anyway so uh so I was working out it's basically an upland review a URA area you know we're not really dealing with wet soil. So, we really want to um uh put in, you know, more of a upland facultative or, you know, upland species. Um uh

19:00 – 19:160

yeah, I think the photo is page two of this attachment, right? Oh, okay. Yeah. So, if you keep scrolling, Todd, would that photo be attached on the next sheet?

19:14 – 21:130

There you go. So, um, so anyway, uh, and and we we've been doing a lot of that, uh, type of planting recently because people haven't been paying attention to the, you know, restoring the upland review. They've been focused on the wetlands, uh, soils themselves. So, um, what this what this does is it presents an opportunity, uh, to create, uh, a more, uh, diverse, uh, habitat. So, if you have a solid forest stand to one side um of the area that you're working and you're going to have some kind of development um and and then development's then going to be surrounded by lawn or pavement or or whatever um type of work's going to occur. So uh it that gives us an opportunity to restore that area within the buffer zone as much as possible using shrubs and and um you know some herbaceous plants. Um, in many cases though, it's it's uh the big impetus now in in uh restoration plans is to try to create as much um uh pollinator type of uh plantings as possible since that's really what's suffering. Um the forest dense forest stands are um are typically the least productive from a wildlife point of view and diversity of plants. So you any any habitat uh that's scrub shrub at the perimeter of the forest separating you know lawn field whatever um you know really uh increases the wildlife diversity. But with the um you know the constant loss of of uh you know people either having open field that gets mowed

21:09 – 23:080

routinely or solid forest blocks. we're really uh suffering with with plants that flower uh prolifically and and therefore create pollin pollinator concentrations. So um the uh so I t I talked to uh Peter briefly about that and he said well he said we also want to uh stabilize this. So, I I picked uh shrubs that um not only grow uh by fruit and seeds falling to the ground, but they also uh um multiply by ryomes, which are roots just underneath the surface that go horizontally away from the base of the of the original plant. And and that has um it has a number of different uh uh positive attributes in the sense that now you get this matted subs soil subsurface soil mat that holds the uh you know the ground uh intact uh and u it uh uh the plants uh the number of the shrubs there the barberry and the uh northern um honeysuckle shrub hub uh are uh horizontally growing plants. So the plant itself grows horizontally rather than tall um between you know foot to 3 ft but it grows rapidly because it's growing by ryomes you know laterally and pretty soon it turns into a mat that um eliminates the possibility for invasive uh plants of any type to get in there. Um, so that that's kind of what I was suggesting here. But then Peter brought in uh an interesting element which I haven't um it's not typically what you do in wetland restoration uh or any kind

23:04 – 25:030

of restoration is that uh that's a a rather thin but full canopy uh forest area with a lot of a lot of bare areas underneath. And the understory is very very thin, very little shrubs, very little herbaceous even and a lot of uh just from what I could see in the photos, uh actually bare ground. So he asked me if I could come up with um um a plan that would uh that we could go in there and and uh create understory plantings that would again stabilize the soil but also inhibit the opportunity for invasive plants to get in there. So, I I selected a number of different uh plant species which you all probably haven't had a chance to review in detail yet, but um and I tried to give a description of uh you know how they uh replicate and um and uh and you know what they how they serve for both in season and overwintering uh wildlife uh food supply. um for not only seasonal uh critters but uh you know overwintering birds um and so I uh and I described the um types of fruit and and uh and u wildlife actually some of the shrubs feed deer mammals and birds as well. So um that's how we came up with that. Now, the problem with the understory is is that I was uh I I had it kind of um developed. That's the cross-hatch green on the plan. And um that uh I went by what I could what uh little I could see on the uh the uh in the photos, but also and I augmented that by looking at the the topo lines

25:01 – 25:240

and uh where you can see they're the farthest apart. So there's a there's kind of a central area that's indicated, you know, by um Todd Clark's map that that and and since I can see the the beginning of that, I'm assuming that it uh it follows those contours. So that's why I came up with that unique shape.

25:22 – 27:210

Mr. Web, could you could I ask you please to just uh list your recommended plants? You don't have to go through every um item for each plant, but just just give us the list. Okay. Yeah. So, um the first shrub is is a bear berry and um and that can function in full sun to partial shade and uh and so I I'm not uh proposing that be uh part of the uh uh un forced understory planting because it's always shaded there. But that that'll thrive. I use that a lot in in the uh uploom review buffer zone between the development and the and and trees in the forest because it it can tolerate the sun really well. And that's that plant is very prolific uh in flowering, fruing and stabilizing the soil uh tremendously. And then uh the next one is a northern bush honeysuckle. Now a lot of people instantly hear honeysuckle and they go, "Well, wait a minute. That's that's an invasive plant in in New England." And actually this that's mostly the honeysuckle that's invasive are the vines. Um and northern bush honeysuckle shrub is actually a native. the only native honeysuckle uh in New England and that can tolerate full sun and full shade and still thrive and it likes drier sights. I mean and again it's a it's not a tall plant you know a couple feet high uh but it spreads by ryomes which you know if anybody's seen how fast fragmmites uh spreads by ryome you can understand that it is an advantage having um you know propagating in that manner and then um more a more traditional uh is plant is a

27:19 – 29:180

maple leaf viburnum um it's a and it uh it it grows in clumps and creates thickets, which is kind of um how I do a lot of of the planting plants now instead of just randomly or or uniformally planting them, you know, uh by uh exact spaces. I tend to clamp clump um plants together and that that uh and and because it clumps like that, you know, it uh it's it's you know it actually s provides shelter for small uh mammals and critters um amphibians and so forth. So, um, then that that fruit fruit, uh, is is a a food source in the in the fall and into into the early winter. And then a more common one is the gray dogwood, which is a upland species. Um, and uh, you know, that that can that'll get a bit taller. you know, it'll be, you know, be more in the the range of six to seven feet tall when it's when it's fully grown. It's uh again, it tolerates full sun and full shade. So, if a plant if if these plants can uh live in both environments, I've actually split and said, you know, those plants can be placed in both areas, the the uh you know, the u upland buffer and then and in the forest understory. And then uh uh the last one is uh the alternate leaf dog wood that's a little bit bigger uh that tolerates all uh shade but it grows in a wide range of soil conditions because you you kind of

29:15 – 30:240

uh and especially in these small um projects you don't have um monthly or quarterly monitoring for five years you know like you do for the Army Corps D type of thing. So I try to pick plants that are uh you know are find easy success in getting established and that's that spreads the the dogwood spreads typically by roots and seeds and uh and that their fruit is uh is available all winter. So those are the those are the five one one can only be used in the sun and one can only be used in the shade and the other three can both be used. So if if by mixing these or you know in in um in you know in either one of the planting zones, you should get a pretty good um pretty good uh establishment of shrub plants. Any other questions? Um,

30:21 – 31:020

so also just one last thing I included an an estimate of how many plants of each species and and where they would go and and the size that they should be bought at. I don't believe in in whips and bare root plants. They got there's too much uh you know there's too much unknown if it's going to survive by putting a whip in or not. So if you got a a planting, you got a a container plant, you have a root ball, established root ball, and uh they tend to survive much better. Peter, do you have a staff report?

30:59 – 31:580

Yes. Um I wanted to just mention that the because the commission does not have that report uh that we we got today. Um the number of bay uh bear berries um is 25. Um northern bush honeysuckle is 20. 10 in each area. Maple leaf viburnum is 10. Gray dogwood is 20. 10 in each area. And alternate leaf dogwood is 12. So it's a pretty good pretty good number of plants. Um let's see. 25 45 87 plants is what I have for the total

31:56 – 32:260

and and no uh all those plants are available uh at New England Wetland Plants in in Massachusetts and uh it's they're in their catalog and they're uh and they're big supporters of uh they started out just selling wetland plants but now they uh uh have gotten on board with the the value of the upland review surrounding the wetland restorations. Yeah. And they carry

32:24 – 34:210

um the commission may may recall that the um the only wetland or water course resource is the is the intermittent water course that runs through pretty much through the middle of the property. So the entire parcel is within the upland review area 200 ft um from the water course. Um and the the green line [Music] yep right there is the uh 75 ft buffer from water courses uh vegetated buffer pardon me. So, uh, you know, most of the vegetated buffer on this property, it's on the north side of the house, um, is going to be, um, you know, is going to be removed. So, my recommendation, and it's in the conditions of approval, was that there be some kind of replanting. Typically I ask that the applicants replant along the edge of the of the uh clearing uh limit um so that there is uh a uh transition from the middle of the forest which is going to be cut and you're going to have a lot of open ground uh a lot of exposed areas that haven't been exposed for some time. Um and so uh providing a good plan replanting plan uh is important um I think for me for for many reasons. Um my recommendation for for the planting is that it that these plantings be extended uh to uh the the limits of clearing uh along the east and west property lines as well. uh because that's forest the whole way. So

34:18 – 36:160

yes, it's important to have new new plantings at the uh um you know close to the water course. I think it's also important to have um some similar trees andor shrubs planted uh along the clearing limit uh along the side property lines. Um so I um I updated my staff report. but it's very similar to the one that was that was um submitted uh for last month's meeting. Um I have some recommended conditions of approval um including uh um revised plans um I'm not going to go through all of them but there's a most of them are most of them are the ones that I usually ask for um revised plans that permit has to be filed on the land records um um I'm asking for a uh a bond uh recommending a bond I should say um they have about uh less than an acre I should say of disturbance here. So um recommending that um uh the bond be uh in the amount of $5,000 um preconstruction meeting uh preclearing meeting and I want to talk about that a little bit. Um, the typical way that I try to do these things is that they they mark in the field a clearing limit line based on the plan like this one in front of us. And then we go to the field and we walk that line to see what what if anything along that line can be saved for trees. Maybe none of them. Some of them might be able to

36:13 – 36:480

be saved. Um, but that's the purpose of that and also to protect the trees or identify the trees that need protection that are not going to be cut down. Um, so uh let's see. Um, erosion control measures. Uh, I'm asking also that the property corners be pinned. I don't think there might be one corner that's got a mark. I'm not sure. Yeah. No, we didn't find any on this slide. just on a neighbor.

36:45 – 38:050

Um, yep. So, um, that would be my recommendation for condition of approval. Nine property corners and also two stakes along each property line. Um, so that we can see the the line in the in the field. Not not uh iron pins, just wooden stakes. Um that'll help make sure that that the developer stays in in the lot. Lot's not very wide. It's only 125 ft. Um so uh recommending an asbuilt site plan uh as we often do um and uh an inspection of the completed project be you know a couple weeks before the co um the general conditions are permit authorizes uh certain regulated activities within the upland view area 200 feet from a water course uh and this impact shall be no greater gater than 15,000 square ft. Um, that's 344 acres. I'm pretty sure this 15,000 square feet was the number round up rounded up.

38:03 – 38:470

Um, but I see that that's the number that you have that you have identified here. Um, Mr. Clark, is that is that the uh the total? That's the total in this this red box or the red line. Okay. But it includes going out to the street. Okay. Go ahead. Yeah. Okay. Yeah. I think it was 15300 last month. Then I I guess I should pull this line in here and that that will that will get us to 15,000. Well, all right. But you you show 15,000 and that's that's what we have as a condition. You don't have to change it.

38:44 – 40:400

Yeah. Uh, okay. And then that the the impact of the vegetated buffer zone is about 10,000 square ft. That might be that might be uh a inaccurate estimate. Can can you uh slide the picture back up so we can see the road again? Um, so, uh, we didn't actually get a number for this, but if you look at the the area that's in red, uh, called out is 15,000 square ft, the area between the blue line or the red line and the green line uh, through the house is what I'm talking about. Through the house area, that's going to be about 2/3. That's what I estimated for that. So I think that works out and in this one the recom remendation is for uh mitigation for this impact be provided with planting of trees and shrubs at the limits of clearing and elsewhere on the site as indicated on the plans. And I would like to add a add a phrase to uh in coordination with the wetlands agent to that to that condition. So the um the green hatched area on this plan um may not look like that when it's done, but that's something that you really have to work out in the field to make sure that it's in the right place. Um there's some big trees in there that appear to be healthy and and should be retained if if possible. uh and you know we can we can best determine the exact limits uh you know in the field I guess is the is the is the

40:37 – 42:360

bottom line I don't want to be held by the cross-hatched area here so you know it might be might be smaller it might be bigger um so uh let's see uh I'm also recommending um that uh if the project is cancelled um or delayed by the applicant um that there be a uh um uh restoration um of the disturbed area. Uh there was some discussion about this at the last meeting for another applicant, I believe, maybe it was this one um about the project being cancelled or delayed by the applicant. Then areas disturbed for the project shall be restored to their previous existing condition as much as possible with the planting of trees, shrubs, and or ground cover within two years of the date of approval or within one year of the initial site disturbances, whichever is earlier. So in a typical wetlands permit, they get a permit that's valid for a certain amount of time. um two or five years is the usual for this kind of an application that does not need a planning approval or a planning permit. Uh so if for whatever reason the project is started within the five years and it's not completed, this condition requires the applicant to do some restoration work. um it doesn't come into effect at all if the project is finished within that time frame. Um number 16 in the conditions is the uh uh permit will be assigned to the property

42:33 – 44:310

owner the applicant which is Diamond Homes LLC. Um, and I wanted to hit on one other one or two other things here. Um, I didn't include it as a condition of approval, but I have a recommendation on page eight that the roof leaders for the for the house be uh be um connected either to uh underground um infiltrators or a rain garden in in the front yard as a uh low impact development uh LIID measure and also um to uh um reduce the amount of runoff that will now come off this this uh property uh that isn't coming off there now. Um and there was one more uh I don't see it now. Oh, the I don't believe the commission at the last pre last plan presented to them uh included the foot bridge that's on this that's on this plan. And it was a another recommendation to me that it seems it logical that they're going the the owners of the property will want to enjoy the uh you know the entire property not just south of the water course. So the bridge is there and it and it's lit noted as clear span. So that would that would be um uh there's

44:29 – 45:280

not a pipe in the water course that's filled over. It's got to be a span bridge. It doesn't have to be an arch. It can be a straight bridge. But I'm glad that they showed it on there because that's that's another um uh Upland Review um uh regulated activity. Uh so they uh took my recommendation and showed it there. So, I think that the the um applicant has addressed the concerns of the commission for this application. Um, and I'm recommending that the commission approve it with my uh con recommended conditions of approval with the modification to number 13 that the plantings be uh done in coordination with the weaponization. That's all I have, Mr. Mr. Chairman, thank you.

45:25 – 45:500

Does the applicant accept the uh conditions of approvement? Approval? Yes. Okay. All right. Any questions from the commission? Any comments from the commission? I'm sorry, Mr. Chair. I I do have a question. Okay.

45:48 – 46:380

It's a It's a very small matter. I'm just curious because it's not on the uh on a screen. Is there a sidewalk from the driveway to the front porch or from the front porch to the road? Mr. Olike, are you available to own? He's the uh Diamond Homes. David, are you there? I I I only ask because with the topography shown uh there's no you know nothing for a sidewalk being put in or stairways you know stairs or anything.

46:36 – 47:200

It's just a curiosity. I mean it doesn't really it doesn't really impact on wetland. So you don't have to answer that. Yeah you're absolutely right. We we will require a paved walkway from the garage or from the driveway to the front of the house. Okay. It's there's going to be steps involved in this one. Oh, there'd have to be. Yeah. Yeah. Several steps, but that's one of our standard requirements. And it would be an item of construction within the upland review area. So, it's a not a direct wetland impact, but it is a regulated activity. All right. And and if I can continue Alan.

47:190

Go ahead.

47:20 – 48:050

Uh just a just a comment and that's for Mr. Webb. And this is just for clarification of nomenclature. Uh the plants that he's referring to do not in fact have ryomes. Ryomes are specialized root structures like a bearded iris or German iris would have. uh what he's referring to are stolins because those plants are stoleniferous. It's an actual root that grows horizontally. It's not an actual storage structure like a ryome would be. And in fact, it's better that they are stilliferous and not have ryomes. That's all.

48:02 – 50:010

Great. Any other questions or comments from the commission? Alan, I I had a question. Um maybe premature, but the eventually this house if built is going to uh have a homeowner in it. Um what is the responsibility of the homeowner visav the water course and and this permit that is being will be issued? Will they be knowledgeable? Will they be informed about um the water course? Um I'm thinking about, you know, another another um issue that we've dealt with uh in the past months uh of homeowner filling in the wetlands in the back of his property. Um un unbeknown to him that uh that that he couldn't do such a thing. Um one well if I may answer one of the uh standard notes that we require for um plot plans of this type whether it's water course andor wetlands um is that there's a note on the plan that specifically refers to the in this case the water course um and that any you any uh work that's not included in the in this plan needs needs a wetlands permit, a separate wetlands permit. So, it wouldn't necessarily be um it's not necessarily something that's in in the deed, but it is it could be and it certainly um can be and will be shown on the plan that there's a water course

49:58 – 50:170

there and that permits are needed to do pretty much work anywhere on this particular piece of property because of that water course. Right. and and the and the prospective homeowner would have that information.

50:15 – 50:580

I would say yes. Um prospective homeowners don't always get the plat plan, but they should. And keeping in mind that the permit that um Diamond Homes is asking for approval for today is just for what's shown on this plan. you know, any any other um regulated activities that they want to do would have to come back for a modified plan. Um, and if it's a future property owner, that would be a separate permit, but we don't have authority to to have it put on the deed,

50:55 – 51:150

you know. I'm I'm really not sure. I don't know. Um, I don't know. What do you think, Alan? Is that something that could be included?

51:11 – 51:540

Doesn't this fall into like a gray area where ignorance of a law is not proof against a law? So in fact whether it's there or not the laws exist and it's truly on the homeowner property owner to know what it is that they are doing before they do it. And if they do something without the knowledge of the town that's in you know that's contrary to the law then then we get involved or whoever would be gets involved. Uh

51:51 – 52:340

yeah, obviously you don't you want to try to avoid what happened, you know, on the that that other property. Well, that that's one of many properties that we've seen in front of this board over the last many years. So, it it happens almost regardless of what the homeowner knows. It's not always the first buyers, it's sometimes the second buyer. That's true. Or A that's a good reason to have it on the deed then. Sometimes we require signs put up. But then they have to be maintained and who's going to watch them to be maintained.

52:31 – 53:060

Yeah. I mean um you know there are there are there are speed limit signs everywhere but almost nobody pays attention to them. So, so you're you're almost asking for the impossible. I mean, the only other choice we have is we could put um have them put a fence across that area, like a a wire chicken wire fence across that area.

53:04 – 53:370

Yeah. But that that that can be a problem in itself because then if you do get high flow of water that comes over that channel then now that fencing would would obstruct it. Oh chicken wire fence so the water can run through it and just hang a sign on it. Yeah. But haven't you Well, you still get debris. You don't think this You don't want to put chicken wire in. No. No. If I may, please. Yeah. Go ahead.

53:34 – 54:040

Um I believe in in situations like this when a house is turned over um usually um the buyer's agents would do the due diligence and go to the town pull up whatever records that's relevant to the buyer and they are presented with that information. I would not rely on the real estate agent to forward this information to the homeowner. Not at all. Right.

54:01 – 54:440

Yeah. So, I I think we can we can ask them to include that note that I was talking about. I mean, I I didn't include that as a condition of approval because it's one of our standard notes and they're going to have to provide another sheet with a bunch more notes and other stuff on it. So, we can have that as a note and then it will, you know, if if it's on the plan, um, then it would be recorded with the plan. I was going to ask that, Peter. I think if we got recorded with the plan, would that be enough? Yeah, I was going to pretty much ask the thing you just said.

54:40 – 55:210

Uh, let's see. Yeah, three paper copies, milo copies of the plan sheets shall also be submitted for signing and filing on the land records. So the the permit once it's approved and the plans will be filed on the land records. Yeah. Good. Okay. Has has zoning ever put anything on the deed? Sometimes uh in a in a traditional subdivision there's many restrictions. This is an isolated lot. Zoning is going to do a sign off on this, but they don't need a TPN approval.

55:20 – 55:530

No, no, no. I'm just wondering if we have the authority to ask them to put it on the deed. I don't I don't I don't know if if that questions ever come up. I mean, for this commission, if there's a conservation easement, that's a whole another thing, right? But I'm not recommending a conservation easement here because It's It's not It's not practical. No, it's too small of an area. Yeah.

55:51 – 56:340

Well, if we got it on the plan, I guess that that'll suffice at least something. Yeah. All right. All right. So, where are we? No. Any more questions or comments? And The applicants accepted all the conditions. So I guess we could what's the commission's pleasure they want to move forward and vote on this now? Somebody can make a motion. Okay.

56:35 – 57:190

Yeah. Lorenzo. Lorenzo. Lorenzo made the motion. He's making a motion for 50 Burough Road applicant property property owner Diamond Homes LLC. And what map is that based on? What's the latest map on that? The date unique ID 3230. No, the date of the last map map revision. 88 2025. That's today. Yes. Little a little too busy.

57:15 – 57:490

Okay. All right. So, based on that map. All right. Is there a second? Second. Second. Second by Glenn. Yes. Okay. Any further discussion? All in favor? I I opposed. Abstain. It's ins. All right. Good luck. Thank you. Thank Thank you. I'll make those changes. All righty. Thank you.

57:46 – 58:160

All right. New business. New application received for 61 Eastley Town Road. Got to re uh bring Mr. Fairclaw back. Fairclaw. Oh, so the question Peter you're asking is do we want to have a public hearing?

58:11 – 1:00:110

Yes. So, the the property uh I think the commission in their in their package got a got a uh you know a copy of of what they sent sent to us and there's an ongoing operation there that um is uh um partially within the upland review areas on the site. um and their um previous property owner had a pro had a permit um and I forget when it expired. I think it I think it was last approved in 2019 um but it may have been extended. In any case, the uh permit does not transfer with the property. So, the new property owners need uh their own permit and my uh um in my recommendation they they tried uh or they they submitted an application for a new permit rather than attempting to um have the permit transferred. Um so the uh the commission should I think discuss the uh whether they feel that a a public hearing is is needed. Um and if it if they do then there shouldn't be a lot of uh testimony from the applicant. It should all come at the public hearing. So the let me give you some numbers here. uh property is 35.8 acres. The area of wetlands is uh 16.6 acres. There are proposed um a uh a very small

1:00:05 – 1:02:030

0.07 acres of uh wetlands restored. Um the upland review areas on the site uh are uh 10.8 eight acres and they're presently disturbing uh about 6.7 of those acres. Um the total area disturbed for the project is about 10.3. So the applicant um submitted uh a set of plans with um the proposed uh you know new newly proposed work including some permanent erosion control measures, restoration of a small wetland and um they also included plans uh from the previous approval. Um, and my one one page uh um memorandum here said that the uh uh well I guess it's more than one it's two pages um that we've you know I've looked at the preliminary uh looked at the application and the plans uh preliminarily we're asking for some additional information including wetlands and water course assessment report a storm water pollution prevention plan and soil erosion control measures in accordance with um the DP erosion control guidelines. Um I think the uh the amount of um um disturbance or impact to the upland review area may be a little bit um uh uh exaggerated in this case because it's not new. Um the uh uh the area I asked them to indicate all

1:01:59 – 1:03:570

areas on the application, all areas of upland review area wetlands um that are impacted by the full project. So again, um the uh most of the upland review area disturbances are existing. They're not new. Um the uh uh there was some discussion early on with the applicant about whether the wetlands map amendment was was necessary. And uh my my answer was I think it's important that we that we show what's on the on the official map and whether there are impacts based on that line. Um they did that. They also included the old line or the map line from the from the uh 2019 plan. So there's two there's two lines which makes it a little bit harder to understand but um then uh the uh uh my memo continues and I say that the present operations on this on the site appear to exceed the environmental uh I'm sorry the enviral cycle LLC permit which was the previous owner. Um and I think that the uh um appears that most of the changes to the scope of the facility are in the eastern part of the property. Um the uh the sand and stone stock piles that were the subject of of enforcement actions uh appeared to have been placed partially within within the wetlands. Those stock piles have been removed. They were part of the notice of violation and and cease and desist order that we talked about earlier. Um Peter

1:03:54 – 1:04:210

Peter are are we talking about the application now? Are we or are you trying to tell us what's involved in our decision on going for a public hearing? Uh I may have gone over a little but it should be on discussions of the public hearing. My mistake. All right. Apologize. So, let's take care of the public hearing part first. Okay. Thank you.

1:04:18 – 1:05:140

I didn't mean I'm sorry I cut you off. All right. So, um I'll throw out my opinion. Um the site's already there. Um the wetlands areas that were originally um on the plans were I won't say violated but um the site has been improved according to the previous plans. There's really no public um butters other than a couple industrial properties across the street. Um, and I don't really see a need for a public hearing, but I'll go with whatever the commission wants to do. And that's provided that the plans are sufficient, Peter, for us to go forward now. Correct,

1:05:20 – 1:05:570

Peter? You're muted. All right. Sorry. Uh am I good now? Okay. You're always good. Okay. Uh the um if the commission wants to have a public hearing, that's got to be for the next meeting. Um if can we go forward tonight? No, I'm recommending a tableabling so that the plans and this other stuff can be can be submitted. So, so we can't go forward tonight either way.

1:05:54 – 1:06:340

Well, if you want to if you want to, that's why we have to answer this question. If you want to have a public hearing, it has to be open next meeting. If you don't want to have a public hearing, we can hear a preliminary presentation tonight. No preliminary presentation. No, it would be a I mean a presentation on what they've submitted. No, the site's already there. I don't I really don't want to sit through a preliminary, you know, either either is submitted or they don't commission wants to go another way. But I I have a quick question. Sure. Go ahead.

1:06:32 – 1:07:160

When Envir came before us in 2019 or whenever it was to get a permit, was that a uh Sure. Now I'm going to forget the term. Was a stipulation? No. Was that Yeah. Was that a a public hearing? I don't because if they had one, why shouldn't we have one for this? Because it's already there. Yeah. I I don't remember. Yeah. But it's also a different operating p of business, isn't it? Slightly different. Yes. No,

1:07:16 – 1:07:540

no, all right. No, we're still doing the same thing Envirroycles doing. Okay. If anything, we're doing it cleaner and and neater even though we did have violations. You said they said the same thing except they didn't transfer the permit. Was the same activity you're saying? Yes. Correct. Right. When they bought the business, they didn't transfer the permit and now they don't want to go back to the original owner and say, you know, what's it gonna do? Yeah. What we're trying not to do is dig up what the bad blood is. Yeah, let's just bury it. Move on.

1:07:52 – 1:08:270

It was actually the guy left us an absolute utter mess that he was supposed to clean up before he moved out and he left us a trash pit. That was the biggest issue. Okay. Yeah. Yeah. So, so my my recommendation is that we put it on the agenda for next month as a a not a public hearing, but as a permit, and they'll have everything up to snuff. How does that sound? Um, I'm okay with that.

1:08:25 – 1:08:440

So, I'm sorry to cut cut you guys off. Andra, did did you need to bring something up as a question if we had to do x amount to do with the wetlands? Um gosh, I'm drawing a blanket a name. The the quality of wetlands or something, whatever that report is. Andrew.

1:08:42 – 1:09:410

Sure. Yeah. Andrew Quirk, for the record. Um I guess I you know, I'm happy to talk about the application. And I have some thoughts on why presenting tonight would be helpful, I think, to the commission. But I I'm I don't want to interrupt the process of, I guess, first understanding whether or not we're going to have a public hearing, but certainly if there's a public hearing, as was mentioned by staff, then we would do a full presentation at the hearing. Um, I am prepared tonight to talk about the plans that were submitted. It might answer some questions. there were some things that were revealed by the survey and then I think things in my opinion uh could go pretty smooth at the next meeting because you would have that information if there's questions we can address and we're going to address staff comments. Um, so that all being said, we can proceed either direction you like, but I'm prepared to present tonight. But I think the bigger question is whether or not there's a public hearing and then I know next how to prepare, you know, either present tonight or be prepared for public hearing next meeting.

1:09:420

A public hearing would be necessary if there was something different going on on this site. Is that

1:09:49 – 1:11:200

Well, the public hearing would be necessary if You want tr transparency to the public in the area. I mean, that's my take on it. Peter, correct me if I'm wrong. Where'd he go? Um, and requirements for for a public hearing is commission can schedule a public hearing if there are significant wetland or water course impacts. That's one. they can uh require a public hearing uh just in the public interest if the commission feels it's in the public interest to have a public hearing. Um and the third one is for um if there's a petition uh submitted to have a public hearing. Yeah. And there's really nobody around there from the, you know, other than industrial sites. There is some conservation land to the south. Uh, Trap Rock Land Conservancy property is their one of their southerntherly butters. Yeah. And our friend from uh, Little Hills Avenue but butts up to the site, I believe. Yeah. Yeah, he does.

1:11:17 – 1:11:300

Didn't we have a statement from the Trap Rock folks saying that there was no impact to their property? Do I remember that correctly?

1:11:27 – 1:12:420

Yes, you do. That's that's good. You did remember. Um they originally contacted me concerning the violations that eventually were subject to the enforcement actions. Um and we received a follow-up uh letter or phone call. I think I think it was a I think it was a phone call saying we went out again to look uh and we didn't see any any issues with the wetlands on their property. So the It would help the commission. I could do a very brief fiveminute overview of what's being proposed, which in my opinion is all beneficial because it's to uh um pull back activities and to have permanent um restoration in place. And if that would help with with making a decision on the public hearing, um I'm happy to do so. um that just really how how how the commission wants to proceed in terms of you know the public hearing and whether it's whether it's warranted or not. I think everything in this application is to is is an improvement. It's not new activity. It's to pull back um activities that are already there. But

1:12:41 – 1:13:080

okay. Yeah. Why don't you give us a brief overview of what it is? Okay. Uh see if I can share the screen. Yeah. So uh before you do that then can we can we say for the record that the consensus of the commission was no no public hearing? Well let let the commission see the overview and then we can all make a decision. I think

1:13:04 – 1:13:390

okay very good. Okay. So, uh, let's see if I can get the, uh, the right one up here. Okay. You should be able to see on your screen the overview. Are we Are you seeing?

1:13:39 – 1:15:380

Yes. Screen two. Okay. Uh so this is the colored overview of the application and what I want to point out is um there are three areas really of concern. It may be a little bit hard to see on this colored rendition and then I'll switch to the to the plane plan. Um and so there's an area here if you can see my cursor in the top portion where there is some debris that is within the 2023 wetland area and that's called out. That's the 0.1 acres that's called out to be restored and pulled back. It was not within the 2019 wetland area, but it in the updated map is shown within that area. I'll show it on the black and white plan as well. There's the completion of the burm along the southside in the areas that were disturbed. There's the pullback of the piles along the southside, much of which has already been done and the completion of the burm in the gravel parking lot area where that that was was cut back. So, it's the restoration of the burm for the 2019 plan holding back from those areas um which is was already been completed and the installation of permanent markers either on 4x4 posts or on existing trees that will permanently indicate where the limit is of the permanent activities for this site. Um, so with that, I'll just show you on the black and white plan if I can, uh, if I can find it. Uh, that same area, um, where it's much cleaner on your black light plan set have. Um, so what we're talking about on this sheet here, this is sheet S2 of your plan set, is this area uh, near the entrance. um that is between the 2023 and the 2019 wetland line to just pull all of that back um so that it's out of the the more updated 2023 line.

1:15:36 – 1:17:220

The completion of the burm, there's an existing weir and uh there's some sections of the burm that were not completed or uh not found to have that burm completed along this southerntherly boundary. This the piles have been pulled back significantly. As you can see, this is the sand pile. Uh, as of August 6 when we updated the survey, it previously was up near the silt fence line. It's been pulled back. Um, so marking that limit uh permanently so that it's known in a proposed burm along where the silt fence lines are at this point in time and then the completion of the burm at the gravel pile area. And uh that's all been detailed and we did include the previous limits. We also have pictures and more information, but just as a really brief overview showing those three main areas and the fact that everything is being pulled back in the permanent information uh displayed in the field so that it's known those limits are. Um happy to go through more detail, but maybe that overview will help with a decision as to how to proceed with the application. Okay. So, let's make a motion to um hold the public hearing. All motions have to be made in the affirmative. So, it has to be a positive one. And if that is defeated, then we'll just go to a regular application. That sound good with everybody?

1:17:19 – 1:18:020

Yeah. We need to vote on that. Uh, I think we should vote on it. So, you want to make a motion in the affirmative and then have all of us say no so that yes, it's so it's on the record that we all agreed that it's it's a little overkill, but it's it's a cleaner way to do it. Yeah. Okay. It's like it's like going to your destination by going in the exact opposite direction. Okay, Kevin. So

1:18:00 – 1:18:430

So you're making a motion, Kevin. Yeah, I suppose. So I remember I can see you from here. Yeah. Yeah. Yeah. I know you're always looking down on me. All right. Okay. So, Kevin made a motion for a public hearing. Is there a second? I second. Second by Glenn. Any discussion? All in favor? No. Opposed? I I saying. So, it's unanimously defeated. It's cleaner. Believe me.

1:18:41 – 1:18:570

You know, since I made the motion, I probably should have abstained. No, don't abstain. Anyway, too late. All right. So, now we are on for next month uh for an application.

1:18:56 – 1:19:470

So, with that, I just have a question for the commission. One of the comments was about a wetland assessment. typically that I've seen at least the assessment is done in the situation where there's a public hearing and it's to review the significance uh and the imp potential impact. So, uh, with that, uh, and and maybe Peter can weigh in as well from a staff perspective. Um, knowing that we're not doing a w a map amendment, knowing that these activities are to pull away from the wetlands, is a wetland assessment, um, uh, necessary, and if so, um, you know, specifically, I'd have to go back and look at the comment. What What are we looking at there? If a wetland assessment is even necessary,

1:19:43 – 1:20:150

what was Peter's advice on it? Sorry. It was my recommendation that they that they provide a wetlands assessment. Um, and yes, I I I understand that's that that is usually done uh when there's new regulated activities, but we don't have we don't really have a good understanding of the wetlands that are there.

1:20:11 – 1:20:560

Yeah. So what are the you know what are the functions and qualities of those wetlands and I think you know it uh to in in other cases where we do have significant impacts there's a there's an assessment and then there's a um assessment of the wetlands and then there's an assessment of the regulated activities. So in this case I think we're just I'm just looking for you know what are the functions and values of the wetlands that are out there um with the understanding that this application won't have any um direct impacts to the wetlands.

1:20:54 – 1:21:330

Yeah. Yeah. Peter has a good point. I wasn't sure if that was a requirement just for the hearing. So, I'll work with the applicant to see who we can retain in the short time period to have that um report for the next Well, I think that's going to be the issue is we may not be able to get someone in the timely manner for the next meeting with their schedules. Understood. Okay. Okay. All right. Uh thank you and uh we'll we hope to be prepared for next month, but obviously we'll be in contact with staff and coordinate the application. Thank you.

1:21:31 – 1:22:150

Thank you. Thank you for your Thank you. All righty. All right, moving on. Um before we move on to the next the next part of the application or the agenda, uh I did receive a new application for um uh some work at Colonial Drive North, which is a uh part of the Sigma um condominium uh projects. Oh, I hope those guys unshare their screen before they go. Uh, Andrew, can you unshare your screen, please? I can do it. Hold on one second.

1:22:130

Thank you.

1:22:15 – 1:23:580

So, the owners of the condominium over there, which is off of Brown Street, um have a storm water basin that has been the subject of a permit uh before this commission about 10 years ago. Um the the storm water basins were built for the Sigma um condominium project in the early 2000s. I think in 20 maybe 2015. They had uh they came in and got a permit to um deal with some issues they were having in this basin with um and also some flooding in some of the buildings. Um now they're coming in and they want to do a re reworking of the storm water basin to remove some invasive species and to provide a uh channel um for uh the runoff to concentrate uh before it you know inside the basin. Um, so there's, uh, existing storm water, um, uh, basin, and I'm going to try to bring up a picture here if I can find it. Uh, hold on. Too many places to look

1:24:05 – 1:24:450

and they're proposing to uh let's see. Well, um just Yeah. Oh, I got it the first time. How about that? Okay. So, I am going to share my screen. Okay. Can you guys all see this? um

1:24:42 – 1:26:400

plan C-1.0. So the um the uh this is the storm water basin. Um these are the condominiums here. Um so that you understand maybe a little better the um this is the curve on Cottage Grove Road at at Hall Boulevard. Maple Avenue comes around here and and there's a new curve in Maple Avenue here. Um, and the condo project is right, you know, right in this area. This plan doesn't actually show the the streams. I mean, the streets, but there's the there's the storm water basin. And this is uh Tumble Down Brook. Okay. So, I'm going to go back out again. And initially the uh the applicant wanted to uh to get a wetlands agent permit for this. Um but when I went and I went back to look at exactly what they're proposing to do here and I look back at the other application uh and permit that was granted 10 years ago or so. That one had that one was a wetlands uh commission permit as well. Um, so their plan is to uh um take out some soil from the bottom of the of the pond uh and create these channels for the runoff to go. So runoff comes in from the street here, from the street here, and from backyard and roof drains here. They all drain into the pond. There's a uh spillway here with a concrete um pad and rip wrap on both

1:26:36 – 1:28:340

sides. Um that's the overflow, but most of the runoff comes out right here and goes to the goes off here to Tumble Down Brook. So, uh let's see. They So, if you compare the the existing to the to the uh proposed contours, they're going to be taking roughly roughly a foot, maybe a foot and a half of material out here. And you know it's it's not a it's not a small project although they say they can do it in a couple of weeks. So the question on this one is whether the commission wants to see this at the next meeting and that's my recommendation um or if they're comfortable with um with me doing as as an agent permit. So there will be some fairly significant impacts. So this area is considered a wetland. The whole pond is considered a wetland. So there will be some temporary impacts here and and you know removal of material and then replanting. Um I've been there and there are some uh some invasive species but a lot of just overgrown um vegetation that's starting to turn into forest vegetation. So, um, that's the application. Um, so I guess, uh, commission should decide what to hear it or to have me do it as an agent permit. I think it should come back in September.

1:28:32 – 1:29:000

Okay. I'll go with that if it's your recommendation. And that was it was a full commission the first time, wasn't it? Yes. Yeah. Okay. Yeah, let's go that way. Now, is it also possible, Peter, to get a field trip to that? Oh, yes. Okay.

1:28:57 – 1:29:280

Absolutely. uh anytime um you guys want to I mean for for major projects I'm going to schedule um inspections you know um with you uh with the applicant with their specialists you know we're going to get out there and really look at it like the ones that we did for um uh the Cottage Grove Road 52 625 I forget what number

1:29:25 – 1:30:100

um and some of the other ones um I don't know if anybody came out to see 50 uh uh 50 Burr road, but I was I was out there more than a few times. And and yes, we can always schedule those uh and I'll try to do it I try to do it um two or three times uh various times of the day so folks can can get there or you can drive in and and take, you know, take a look from the street. Okay. Okay. Thank you. You're welcome.

1:30:07 – 1:30:200

What else you got, Peter? Uh, nothing. We should move on to uh agent permits.

1:30:17 – 1:31:200

Okay. So, um, 1415 Blue Hills Avenue is the first one. It's a TJX homegoods, uh, parking plan. Um, and what they want to do there is they want to build some, um, raised walkways. And I'll show you what what I mean by that in a minute. Um, so 1415 has a lot of um, uh, trailer park parking. Uh, it's not a trailer park. They're parking for the trailers that TJX Homegoods uses. Their main site is at 1450 Blue Hills Avenue. Their north parking lot as they're describing it is the one that's at the corner of Blue Hills and Woodland Avenue.

1:31:18 – 1:31:460

This is not the million square foot building. This is the one property next to it, right? No, this this property is across from the correct school, right? Avenue. This is not the building. No, this is the this is not the building. This is the only the parking. Yeah. Um, so unfortunately I'm going to have to do this in sections and that's not the right one to start with.

1:31:570

Well, computers are always slow when you want them to be fast, right? Right.

1:32:03 – 1:33:270

Okay. Uh, now I can share my screen if I can get back there. So, they're actually asking for a a jurisdictional ruling from the commission, which is a uh ruling or a request uh that the commission determine that they don't need a permit. Uh, okay. This is Woodland Avenue at the top of the pages. This is Blue Hills Avenue diagonally across the page. These are all of the parking spaces. And they're parked so that their back doors are up against the curb here. And right now they have uh there's a an earth berm, which you can kind of see in these contours. And then they have like a gravel walkway here uh that runs behind all the trailers. They want to build um something more permanent for a walkway. And so what they're proposing is a double wall that will have um a gravel walkway in between.

1:33:27 – 1:34:070

Why do they want that? Uh they say it's for um security purposes so they have better access to the back of these buildings. Uh can you guys see this sheet with the details now? Uh it's small to the back of these uh trailers. Right. Can you see the Can you see the detail or do I need to share? No, that's good. I can see it. Yeah. Okay.

1:34:04 – 1:35:270

So, are they going to dig down and put No, it's so it's actually all in fill. Here's the existing pavement, and there's a 10-in curb there so that the trailer trucks don't run over it. And then there's there's just kind of a slope, a a gentle slope and then a steeper slope up to the top of the burm. They want to put in a series of blocks, two high over here and one high here, and then put gravel in between. Uh this height is going to be 30 in. So, it won't be usable in my opinion for unloading and loading these things cuz the typical height for a uh trailer truck is 48 in or 4 feet. There's no work in the upland review area. It's all outside. And let's see if I can get back to that. So, there are wetlands here. Oh, I'm sorry. Can you guys see this now again? SP S SP1. Okay.

1:35:26 – 1:36:080

Yep. There's a lot of lines in here that shouldn't be there, but um there's wetlands here. You can see these uh um one one x10 1x uh or one 1x 12 1x13. Those are the wetlands. This is the upland review area line um from the wetlands. And I guess there's a water course in there too. Yeah, there's a pond here. So this 200 I'm sorry

1:36:050

apologies background noise. Sorry.

1:36:08 – 1:37:010

Okay. And so they want to build this double wall from here. This is an emergency uh entrance and exit only. It's not open. Um Oh, sorry. I'm selecting and I don't want to be selecting. going to be shifting and they want to continue that wall over here. Um the regulations permit uh request for a jurisdictional ruling. I think this one applies. Um the commission or the agent can approve a jurisdictional ruling. Um the jurisdictional ruling says there's no regulated activities and a permit is not necessary.

1:37:00 – 1:37:370

And what's your opinion? I agree. I I don't think they need a permit. Okay. Well, ju just out of curiosity, they're not they're not actually making any changes that would affect uh runoff. Correct. Correct. They're just they're just modifying what's there. Well, yeah. I I I may have to take that back. They are adding some impervious coverage here, but in proportion, not very much.

1:37:34 – 1:38:140

Yeah. I I I'm in favor of not having a permit or or at the very least not having to come before us if it's a wetlands agent permit or he wants a jurisdictional ruling. Would you be okay with that, Kevin? Say that again. a jurisdictional ruling that the per wetlands permit is not needed. Okay, I'm okay with that. Okay, quick question. Yeah.

1:38:11 – 1:38:420

Um are we what if so what if something happens down the road um the process be end as a wetlands thing after the ruling? Are we still get a chance to circle back to this to this or no? If it if it it resulted in a violation of the regulations. Yes. Yeah. Uh I would issue a warning letter then a notice a violation and if that doesn't work and assist. So yeah that's always a that's always something the commission can do.

1:38:45 – 1:39:220

Okay everybody go with that? Yeah. Okay. All right. What else you got, Peter? Where's Oh, boy. Uh, I've got this one for question. Yeah. Do Do we have to vote on that? No, I don't think so. Okay. Fine with me. If you want to vote, you can.

1:39:19 – 1:40:020

No, it's fine. I guess well I just wanted the other one because there was so much turmoil and controversy with the notice of violations. The other one I just wanted a cleaner deal. That's we still have we still have another hour and 20 minutes. So you know we don't have to use it all. All right we got Let's see. Uh, we got to suck the new We got to suck the new members in. Good. Uhhuh. Okay. So, let's see. Um, didn't do that for me.

1:40:00 – 1:40:280

Yeah. Our friends, that's how that's how I became chairman. Uh, excuse me, Peter. Yeah. One meeting went to over past 12 o'clock. Old chairman went out. All right. Sorry, Peter. Go ahead. Okay. So, that's not part of the

1:40:24 – 1:41:460

over at the SignAnda campus, they have That's not the right one. They have a uh parking garage. Uh some of you may be familiar with it. And they want to build some new uh security measures to allow for card reader access only to the um to the garages or to the garage. So the plan is to create these um this is same on both sides but we'll look at one side to start with. Uh they're going to um restrict the existing lane so that there's uh a key card here uh key card access security gate into the into the garage. And they want to build these by this bypass lane for people to come up this way and realize, oh, I don't have my card. I've got to bail out. And they're going to go this way. So this is the in on this side and this is the out on this side of the building.

1:41:420

This is going on over here.

1:41:46 – 1:43:260

So this is the in driveway. They're going to restrict it and they're going to put a uh key gate uh key card gate right here and then build this bypass lane. Uh there's also a new sidewalk here. Um, in this case they have a little bit of wetlands upland review area I should say. Um, it doesn't seem to be on that sheet. So they have I forget how many square feet. It's pretty small and it's in one one spot only. So this one is a this one is a is a um wetlands agent permit. I'm sorry. I can't I can't quite pick it out here. she Oh, that's the other project. Um, but anyway, that's the that one uh is just is presently under review for a wetlands agent permit.

1:43:26 – 1:44:030

And then the last one there is 79 Philly Street. Um the property owner there is building a retaining mall in the upland review area. Uh and that one I approved last month with conditions. [Music] And that's all I have for wetland agent permits. Enforcement actions. No new enforcement actions. uh ongoing projects.

1:44:00 – 1:45:590

Yeah. Uh almost everybody I think has seen the the biggest project that's coming up for uh completion is the new is the new um proer library. Um they had a uh ribbon cutting um on Saturday and I believe they presently have a temporary CO from the building official soon to be a permanent CO. Um the similar um uh status of the uh SAT tree project at 140 uh Mustad Drive. They're finished. They're they're looking for a CEO as well. Um, still under construction is uh Abby Court, which is uh 1120 Blue Hills Avenue or 11:22 Blue Hills Avenue. They're building um duplexes and triplexes um in there just north of uh um Farmstead Circle and um they're up to the point now where they're looking to get some cos in in there. So, they're moving along uh pretty well uh uh in that regard, too. Um, we have had um a pre-construction meeting for the um for the uh condo project on um 17 Watkins Road. Uh they're not quite ready to to start work, but um they're they're getting close. Uh, and I've got a meeting scheduled tomorrow for the se uh pre-construction meeting for the senior housing project on Blue Hills Avenue at the old um uh the old drive-in movie theater site. Uh senior uh it's a senior housing project over

1:45:58 – 1:46:330

there. So, they're going to be starting up pretty soon as well. Oh, good. Yeah. Uh Peter, um on the library, I know we had u a lot of discussion about the uh the ramp and the surface, what it was going to be. And I I went over there and I noticed there was brick and there was some concern about the runoff in the winter into the brook. The surface of the bridge is brick. Yeah. Surface.

1:46:31 – 1:47:140

Yeah. I did not know that. I haven't been I haven't actually walked the walked the thing to see because yeah, there was some discussion about about planks or you know whether it was going to be boards or right or you know a grid surface. I'm very surprised they use brick. Well, that's what it's brick. I don't know what's underneath it, Mr. Chair. Go Steve. and and maybe um Commissioner Lester would maybe remember, but did they are they putting a snow melting um system in there? I couldn't remember. Uh yeah.

1:47:11 – 1:47:510

And would that work with with um the planks? Well, you know what I was going to say was I looked at it and there was enough room on both sides of the bridge to put like a gutter so that the runoff could flow into the gutter and then down, you know, the ramp. Yeah. I don't recall that. I remember we were discussing with them a environmentally friendly deicer. Right. Right. And whether that could be enforced over time is the issue. But it's still going to run into the brook. But, you know, at least that's better than nothing.

1:47:49 – 1:48:210

Well, I I'll I'll definitely go over there and and and see what what they built and what, you know, what the uh what the surface is about because certainly, you know, if it's if it's a brick surface, I mean, I don't believe they want to use that during the winter. That's that was a concern, too. Is it, you know, is it something that's going to be maintained over the winter if we have ice and snow? Has to be.

1:48:21 – 1:48:520

I don't know. I don't It might be worth looking at. I don't know. Unless there's something I'm not seeing with the surface that it, you know, there's some runoff there somewhere. But yeah, I was surprised. Okay, I will take a look and see what see what I can see. Now, if I could add pile on about the library. Sure.

1:48:48 – 1:50:460

So, the way I understand it, there are no irrigation systems for the plants that were installed and that there are no faucets on the outside of the building to facilitate watering of plants. And the way I understand it is that was done because of some sort of environmental uh award or certification that they were looking for that things were more self-sufficient or or sustainable. However, who was responsible for irrigating these plants? Because they apparently planted everything prior to the ribbon cutting and haven't watered since. And as you drive by and see that massive planting that is just above the entrance or exit coming out from underneath the building. Uh there are about 30 plants that are toast. If they survive, I'd be surprised. Uh, and you know the these are plants that have established root systems contained within a very small area of where the original container was. And that dries out in the course of one day. And in order to keep those plants alive, they need to be watered once a day for a minimum of 10 day the first 10 days they're in the ground. So, I don't know if the landscaper is responsible for that, if public works is responsible, but they're going to have to replace probably half to threequarters of those plants if they don't change what they're doing. Yeah, I was there uh at the um signing of the cutting of the ribbon and I noticed those plants, Kevin, um I I said to my wife, they must have a irrigation

1:50:42 – 1:51:170

system, but I didn't see any the no faucet on the outside of the building. That's terrible. That's what was told. No faucets on the outside. Well, we could se certainly check that out for for, you know, doesn't seem doesn't seem logical not to have some way to water the plants. Yeah. I mean, we we need the coverage, you know, by the brook to to uh sustain the uh the bank, right?

1:51:15 – 1:52:000

Yeah. It's also the worst possible time to try to plant new stuff when it's 95 degrees and and hardly any rain. So, um I'm pretty sure uh the line the landscaping contractor um has to replace plants that die within a certain period of time. I don't know what that period of time is, but that's that's typical. But the human resources building it was a year, but that was a different committee. Faucets on the outside. Yeah. Well, we got we got to look at that and the brick surface of the building of the of the bridge. Okay. All right.

1:51:58 – 1:52:310

That's my two cents worth. Thank you. That's very helpful. Minutes from July 21st. Everybody read their minutes and have their Yeah. Rebecca do Okay, Kevin, any corrections? Second. Whoa.

1:52:27 – 1:53:020

Yeah. Okay. No, no, no, no, no, no. I I realized I I I had a question mark next to something, but then I realized the way that it's said is replicated in other parts of the minutes, and apparently it makes sense, even though it didn't initially. Uh, hold on. I had two at least. I had one. Okay. I had one qu question. Sure.

1:52:58 – 1:53:280

On page uh two, second paragraph, a second line, re-establishing, is there supposed to be a hyphen between re? Yeah. because it looks like re-establishing. Yeah, re-establishing. Okay. Okay.

1:53:29 – 1:54:100

Pa page seven, very top of the page of page seven, it says, "This property is located by 72 acres on the north side of Burough Road, west of the Grant Hill Road intersection." Uh, yeah, that needs some reworking. Okay. I don't know what it's supposed to say. It's supposed to say this 2.7 acre property is located on the north side of Bur Road. So, the sentence will read, "This 2.7 acre property is located on the north side of Bur Road." All right.

1:54:07 – 1:54:480

West of Gran Hill Road intersection. So uh page eight of eight next to the last sentence it or yes next to the last sentence it says it was moved by secretary and seconded. It should be secretary Wilcox. It should be okay. I had one other one on page six, second paragraph, second line. Um, that heating

1:54:470

should be the Yep, I had that one too.

1:54:54 – 1:56:100

Okay. And there was one other thing if I can find it with bear with me a moment. Okay. So on page Okay. So at the bottom of page two, it says that uh it was moved by vice chair Shipman to approve the wetlands permit. Okay. And then as you move to page five, it says that the motion was seconded by Commissioner Jones. when it was seconded by me and then between Paul and myself, we kept going back and forth and agreeing with the changes to that motion. I'm not trying to take it away from from Commissioner Jones. I'm just want to make sure that it's

1:56:07 – 1:56:240

that if you go back and watch the YouTube and then read the minutes, there's a discrepancy. Can you show uh mention again where that is just so I can see? I'm not seeing it in my copy.

1:56:19 – 1:57:020

Okay. So, on page two, the very bottom of page two is the start of the motion, you know, where uh Paul Shipman makes the motion at the bottom of page two. And then on page five, which is a continuation of that motion with all the different changes we made to it, it says that the motion was seconded by Commissioner Jones when in fact it was seconded by me. Okay, Peter, I'm going to have to talk to you offline because I'm not seeing that in the one that I submitted. So,

1:57:00 – 1:57:160

okay. It's after it's after condition number 26. What Rebecca's uh looking at a different set, I'm afraid. Okay. Yeah, that wasn't what I submitted.

1:57:12 – 1:58:050

No. So, we can talk about it now so that everybody's understanding. When you send me the minutes, I review them and I review them from with my notes as well. So what I and what I typically do is that the motion is made and seconded and then the commission reviews sometimes changes the recommended conditions of approval and that's what happened in this case. Mr. Wilcox and Mr. Shipman were uh they made a few modifications to the language which I which I included in the body of the thing. Um, and then at the end of that, I say the motion was seconded and

1:58:010

should probably be ju just passed. Um, you know, so it's a little bit different than the one that that you sent me.

1:58:09 – 1:58:590

Sure. Okay. Yeah, the pageionation was off. That's what was confusing me. Thank you. And so it's uh I think it I think it works better in reading the the motion, you know, that you have the conditions of approval and if there's changes or modifications and that's that's the part that I'm not happy with that I missed that. I should have included that in there. And then and then the and then the vote is made after the conditions. And I think that works best in this. So yeah, we can talk about it some more if you'd like after. Uh it is just a different thing. I think Rebecca, if you look at the the minutes that I that were mailed to you

1:58:57 – 1:59:420

and the ones that I sent, I believe I sent everybody minutes by email as well that you'll see that it's diff slightly different than what you had submitted. Sure. Thank you. Okay. All right. Motion to approve them. So move. Second. Second. Second by Glenn. All in favor? I I opposed. Abstain. It's abstain. Abstension. Who's that? Byron,

1:59:40 – 2:00:130

Commissioner Leer, Commissioner Mallette. Two two extensions. Yeah. Yes. And it doesn't pass. Yes, it does. Yeah. That's 42. Yeah. Need four affirmative votes. So, minutes are approved as modified. Yes. Yep.

2:00:08 – 2:00:430

Okay. All right. Uh, other business? None public comments? Nobody in the waiting room. So, no public comments. Adjournment. So, move made by Kevin, seconded by second. And uh all in favor

This transcript was automatically generated from the official public meeting video and is presented unedited. It reflects remarks made on the public record by elected officials, staff, and public commenters. Transcript accuracy may vary; view the original recording for reference.