Conservation Commission - Regular Meeting

Tuesday, May 26, 2026

The Conservation Commission addressed three main items: a request for a continuance for 81 Milbury Street, a request for determination of applicability for vegetation maintenance along the Grafton and Upton Railroad, and a notice of intent for herbicide treatment at Fisherville Pond. All three items were continued to the next meeting on June 9th, 2026, with additional information requested for each.

About this meeting

Government Body
Conservation Commission
Meeting Type
Conservation Commission
Location
Grafton, MA
Meeting Date
May 26, 2026

Transcript

273 sections

0:10 – 0:27Speaker 10

Before we get started, let's introduce everyone on this meeting. Sandy Brock, when I call your name, please confirm that you can hear me by verifying that you are present. We'll stop the commissioners. Travis. I'm here. Jonathan. Present. Amira.

0:31Speaker 10

Noah. Present. And our staff, Leah.

0:40 – 2:07Speaker 10

Very good. Okay. This open meeting of the Conservation Commission is being conducted remotely via Zoom pursuant to Governor Baker's March 12, 2020 order, as most recently extended on March 28, 2025. Access information for the public has been provided on the town website. This meeting is being recorded. Please remember to mute your phone or your computer when you are not speaking. This is done on the phone by pressing star six. As chair, I will introduce each speaker on the agenda. Please note that you will not have screen sharing privileges, but staff can display any visuals per your queue. During periods of public comment, participants must use their raised hand icon and the Zoom menu bar to indicate they would like to speak. This is done on the phone by pressing star 9 and then star 6 to unmute when you are called on. Participants who raise their hand will be recognized one at a time and will be promoted to speak. Finally, each vote taken will be conducted by a roll call vote. As a reminder, the Commission is concerned with state and town wetlands and stormwater regulations. Concerns outside of this purview need to be addressed to the appropriate boards. For example, road conditions must be addressed with the Select Board and traffic concerns must be addressed with the Planning Board. All right. 703. Anything prior to our 705 hearing?

2:09Speaker 6

We can do the two action items if you want, or there's a continuation to read in.

2:14 – 2:45Speaker 10

Let's read in the continuation and then we get going. Okay. Pursuant to the Massachusetts Wetlands Protection Act and the Grafton Wetlands Protection Bylaw, Conservation Commission will hold a public hearing on Tuesday, May 26th. to act upon a notice of intent in application for a Grafton Wetlands Bylaw permit for resource area restoration at 81 Milbury Street. The applicant has requested a continuance to June 9th. Do I have a motion?

2:50Speaker 7

I'll move to continue the hearing for 81 Milbury Street to June 9th.

2:55Speaker 10

Do I have a second? Motion is second. Roll call vote. Noah, are you up on the screen so you get to go first?

3:04Speaker 10

Now everyone disappeared on me. Travis?

3:09 – 4:10Speaker 10

Amira? Yes. And Jonathan? Yes. I am also a yes. The motion carries. All right. I did it too fast. I'm sorry, Leah. We'll have to wait a half a minute. Ah, there we go. 7.05. Okay. Pursuant to the Massachusetts Wetlands Protection Act, the Grafton Conservation Commission will hold a public hearing to act upon a request for determination of applicability for vegetation maintenance along the Grafton and Upton Railroad right away from Westboro Road to the Upton Town Line. Who's here to discuss that?

4:10Speaker 5

I'm Tom Lewis. Can you hear me okay?

4:13Speaker 10

Absolutely fine. You have the floor. Be my guest.

4:17 – 6:55Speaker 5

Excellent. Thank you. As I said, I'm Tom Lewis. I work for Tech Associates here on behalf of the Grafton and Upton Railroad. Just as a little bit of background, railroads in Massachusetts, they manage their vegetation under the Rights of Way Regulations, CMR 333-1100, which is administered by the Department of Agricultural Resources. And as part of that, they're required to have an approved vegetation management plan, which is a five-year document. Their most recent one expired at the end of last year and is currently in the process of renewal. as part of that renewal we have to go to each municipality that the railroad operates in and get a determination of the boundaries of the resource areas so that's why i'm here tonight the mapping that was submitted shows wetland resource areas as well as water supply restricted areas for example zone one and zone two for public wells It could also show surface water supplies, but I don't believe we have any of those. In fact, what you see here on the map that's up on the screen, that hatched area, the blue hatched areas, that's all zone two groundwater recharge for public wells. And those yellow circles are the zone one areas. So we're never allowed to apply herbicides in the zone one we can apply herbicides in a zone two every other year, every 24 months. So that's the difference in the color coding. The light blue colors are that would indicate where the tracks pass through a buffer zone. So anything that's yellow is a no spray. The light blue is a buffer zone. We're restricted there to once a year application with sensitive area materials. The only other thing that I'll point out on here is the NHESP, the Priority Habitat for Natural Heritage Endangered Species Program. NHESP gets a copy of our yearly operational plan every spring, but that would only come into play if we were doing work beyond 10 feet from centerline, beyond the ballasted area. They consider anything in the ballasted area exempt from their review. As you can see, pretty much the entire town of Grafton is either in buffer zone or water supply, so it's pretty restricted. I'd be glad to answer any questions that you might have at this point.

6:55Speaker 10

All right. Thank you. Leah, do you have any comments?

7:03 – 7:41Speaker 6

Yes. So they are exempt from the bylaws. So this is under the act only. They are seeking the five-year determination to align with their vegetation management plan. And the two things we had asked for, we haven't heard back on, but proof of submission to DEP. And then you just covered NHSP. We had asked for like what dictates their spray intervals within mapped habitat. But I think you just said because it's confined to the tracks, it's exempt anyway. So you're not having to meet their intervals. Is that an accurate understanding?

7:42 – 8:09Speaker 5

That's correct. And they do get, like I said, the yearly operational plan with the mapping every year. And these layers that are on here came from MassGIS, and they're the most up-to-date data layers for all of these. And I apologize. I did not respond to you on the DEP submission, but I can tell you that it was sent to them the same day that I sent you my RDA application.

8:10Speaker 6

Okay, if you could just forward that to us would be helpful.

8:13Speaker 5

Okay, I'll dig that out.

8:17Speaker 10

Anything else, Leah?

8:19Speaker 6

That's all I have.

8:20Speaker 10

Do we need to have any sort of condition about receiving that proof of submission to DEP?

8:26Speaker 6

Yeah, it would be helpful to make that a condition just to ensure it happens.

8:33Speaker 5

I can do that as soon as the meeting's over.

8:36 – 8:50Speaker 10

Sounds good. Why don't I go around and see if anyone has any questions? Let's see, Jonathan. No questions for me. Noah.

8:51Speaker 9

No questions for me.

8:58Speaker 6

I also have no questions.

9:00Speaker 7

Travis. How do you manage the vegetation in the no spray zones?

9:08 – 9:34Speaker 5

so generally if it's growing in the track bed for example um if it's right around the area of the ties and rail about the only thing that they can do is weed whack it or just cut it by hand but we're talking about the area right on top of the ties in the rail area the majority of it what's out on the shoulders it's generally just allowed to grow

9:37Speaker 7

Okay. And is there any notification when you do spray?

9:44 – 10:29Speaker 5

So there's a number of steps in the public notification. The short answer is yes. So we send out a yearly operational plan every spring. It goes to the chief elected officials, in your case, the select board. It goes to the Board of Health, and it goes to the Conservation Commission. In that, there's a spray, the date range of when we intend to spray. We also advertise in... newspapers. In your case, it's the Boston Globe, Worcester TNG. I also advertise in Western Mass for some Western Mass railroads that I work for. So there's public notice there with all of those same spray dates.

10:31Speaker 7

Okay. Last question. Do you provide the operator with the mile markers or something to indicate where they can and can't spray? Or is it just this map?

10:42Speaker 5

So in the case of Grafton and Upton, I actually supervise the application. I'm out there in the front seat of the truck.

10:51Speaker 7

So somebody that actually knows where these are at, because it would just be hard to figure that out based on this map.

10:56Speaker 5

Yes, exactly. If you hadn't done this, never done this activity before, yeah, I wouldn't recommend it. That's why I always ride the truck.

11:05Speaker 7

All right. Nothing else, Sandy.

11:08 – 12:09Speaker 10

All right. Thanks. Yeah. We actually get it because obviously there's several different tracks going through Grafton. So we get them periodically on the five-year term and stuff. So appreciate that. I'll open it up to anyone in the public if they have any comments or questions. Happy to have them answered for you. If you want to just raise your hand. Well, happy to give you the opportunity to ask questions. In the meantime, the only thing I saw, Leah, was I have no other questions. I just want to just mention that we should have, on the RDA, just have a condition that, you know, that'll be issued once, you know, the Conservation Commission receives the documentation that this submission went to DEP, so. Is there anything else we should add to this, Leah?

12:10 – 12:31Speaker 6

No, but I should note that they are seeking a determination specifically in regards to our agreement or disagreement with the resource area delineation. So in this case, it would be a positive if we are in agreement. I know I didn't spell that out for you guys, but a little different this time.

12:32Speaker 10

Right. But the positive doesn't mean they're going to a notice of intent.

12:37Speaker 6

correct. It's a positive in agreement with their delineation.

12:40 – 12:58Speaker 10

Okay. Let me quickly just go around if anyone has any questions or need clarification on that. Travis? No. Okay. Amira? No. Noah?

13:01 – 13:45Speaker 10

Jonathan? Nope. I'm also a no. And just for any of the public who happens to either be listening or attending, typically on RDA, a positive means that the applicant must go and do a full notice of intent. In this particular case, as Leah just mentioned, the positive is there to determine that we are in agreement with the information submitted and the delineation of the wetlands. So having that, Jan, anyone from the public? Leah, anyone from the public?

13:47Speaker 10

Okay. Having done that, I'll go back to the applicant. Do you have any other questions? Otherwise, do you have any concerns about the condition? Otherwise, we'll take a vote on it.

13:58Speaker 5

No, I'll get you that confirmation.

14:01 – 14:32Speaker 10

All right. Thank you very much. Okay. So we have the one condition, and then we have kind of the – the definition of positive in this particular case. Does someone want to make a motion to issue a positive determination on this RDA and just state in that motion that the positive is in agreement of the wetland resource areas?

14:33 – 14:45Speaker 7

I'll move to issue a positive determination regarding the information submitted related to the resource delineation and the Addition as discussed. Second.

14:46Speaker 10

We're going to motion a second roll call vote. Travis, you're up on the big board. Yes. Jonathan.

15:01Speaker 10

Yes. No problem. I am also a yes. Motion carries unanimously. All right.

15:08Speaker 5

Thank you very much. Have a good night.

15:11Speaker 10

Utah. Look at that. 716. Okay. All set to keep on going here, Leah?

15:20 – 15:56Speaker 10

Okay. Pursuant to the Massachusetts Wildlife Protection Act, the Grafton Wildlife Protection Bylaw, Conservation Commission will hold a public hearing to act upon a notice of intent and application for Grafton Wildlife Protection Bylaw permit for... Okay. Sorry. I saw... a couple words that threw me off, but this is correct. To act upon a notice of intent and application for a Grafton Wetlands Bylaw permit for herbicide treatment and management of aquatic invasive at Fisherville Pond in Grafton. And who's here to speak to that?

15:56Speaker 4

Hi, it's Joe Berthelman with GEI Consultants.

16:02Speaker 5

You have the floor.

16:03Speaker 4

Thank you. Are you able to share the PowerPoint?

16:08Speaker 3

Yes, pulling it up now.

16:10 – 17:13Speaker 4

Awesome. Thank you. Awesome. So like I said, my name is Joe Bertham, and I'm with GEI Consultants. We submitted this NOI to support the Pond and Lake Connection, who's the herbicide applicator in this situation, and for the town of Grafton. You can go to the next slide. So just our project locus, we are working in Fisherville Pond, which is in the southern portion of Grafton at the southern terminus of the Quinn-Sigmund River, and it flows into the Blackstone River. And then we're also working in a ponded area that is immediately adjacent to the Fisherville Dam.

17:14Speaker 5

Go to the next slide.

17:19 – 21:55Speaker 4

So the purpose of the project is to improve the ecological health of Fisherville Pond, which is currently dominated by invasive species, as you can see in the images to the right. So it's approximately 49 acres. And then the southern ponded area where they're also proposing treatment is approximately 11 acres. And both are dominated by water chestnut, which is invasive. And then there's also known presence of the invasives fanwort, and Eurasian water milfoil. So they wanna treat for those as well. And the estimated total coverage of water chestnut known is to be approximately 43 and a half acres. Next slide. You can go to the next slide, please. Thank you, sorry. So this is our proposed treatment areas map. So basically we're proposing to treat within the entirety of Fisherville Pond, so approximately 49 acres, as well as the southern pond of approximately 11 acres. So the blue area is basically everywhere within those ponds that we're proposing to treat. And our known presence of the water chestnut is that red hashed but we're proposing a tree within the entire pond because it's possible that the other invasive species could be anywhere within the pond. And it's also possible that the known presence of the water chestnut could increase since this was last surveyed. You can go to the next slide. So for our wetland resource areas, As you can see here, we have the Quincy River and then Fisherville Pond. So those and then the Blackstone River and our southern pond. So the main resource area that we're working in is land underwater. But we also have inland bank bordering vegetated wetland, the 25 foot no disturbance zone, the 100 foot buffer zone and the 200 foot riverfront area shown on our figure here. But the only areas where impacts will be is within the land underwater. And then we also have a portion of the deep mapped wetlands of deep marsh exists within the pond. And there are invasives that overlap that area. So those will technically be impacts within that area as well. You can go to the next slide. So what we're proposing is to do aquatic herbicide treatments. The pond and lake connection will be the applicator. They're a licensed applicator. And the herbicides that might be used are diquat, dipromine, and flumioxazine, which are both EPA-registered contact herbicides. So they work on contact and disrupt photosynthesis. Treatment is done via subsurface application from the boat or it's sprayed over the top when that's necessary. And the application will follow the label instructions strictly. And then as mentioned, the application of the herbicides is requested anywhere within the approximately 60 acres of the pond. And then hand harvesting is proposed to be used as an additional technique for specifically water chestnut removal to supplement the herbicide use to take place after the herbicides have been used for multiple seasons. And it involves manually pulling the plants from the stem to try and remove the plants and the seed pods. And it's also requested for anywhere within the pond, but will be isolated to small areas where it's necessary. Can you go to the next slide? And then for some impact avoidance and minimization, the applicator will use the public access point at Riverview Park to access both ponds for treatment. Pre-treatment surveys will be conducted before the application to identify just the specific areas where treatment's necessary. And then post-treatment surveys will also be conducted to document the results of the treatment. Only herbicides that will be used are approved for use in Massachusetts already. And dosages will just reflect the minimum amounts that are necessary for treatment. And then hand harvesting allows for very targeted localized water chestnut removal to supplement herbicide use. And I believe that's it. And if anybody has any questions, and go ahead.

21:56Speaker 10

Sure. I'll go around the Conservation Commission first. Amara, you're up on the screen. You get to go first.

22:04Speaker 6

I don't have any questions at this time.

22:12Speaker 5

Nothing from me.

22:14Speaker 7

Travis. Are you treating a portion of the site each year or the entire thing?

22:21 – 22:42Speaker 4

So the plan is to do the pretreatment surveys and that will, um, identify what the most important areas are. So they're not going to be treating the entire pond every time. Um, but there, the goal is to use those surveys to determine where the growth is heaviest and target those areas.

22:42Speaker 7

Okay. As long as we're not treating all of it at once, because that can lead to fish kills. Yeah. Yeah. Um,

22:53 – 23:16Speaker 4

yeah the goal is to not not over yeah as long as that's understood it's like i don't know 30 or 50 at a time yeah they'll they'll follow the standards for that okay that's it for me sandy all right jonathan hey i only had one question you mentioned that they either apply it

23:17 – 23:42Speaker 1

underwater or within the water when they're treating the water chestnut or they spray it over the top depending on the situation, is it typically applied under the water? I don't know enough about the EPA wording on those jugs or whatever is coming, you know, if there's MSDS sheets or whatever, but when would you use it as a spray application and when would you use it as an underwater in water application?

23:42 – 24:04Speaker 4

So, For the underwater application, it would typically be done to treat the other invasives, so the fanwort and the Eurasian watermilfoil because those grow lower in the water column. The spraying over the top would be for the water chestnuts since the majority of the plant is growing on top.

24:05 – 24:32Speaker 1

Okay. Is there a limitation, and again, pardon my ignorance because I don't know what the material is being used, but Is there a limitation or anything related to like wind or weather conditions? Do they, you know, because I'm assuming that if it's sprayed, if it's just a liquid, it's going to fall on it. But if it is more an aerosol or something that's trying to spread over a vast area, like how is this applied and does weather factor into the use of the application?

24:33 – 25:09Speaker 4

Yeah, so I mean, yes, if it was poor weather and it was extremely windy, they wouldn't go out and apply that day. But basically, when they spray it over the top, the herbicide needs to contact the leaves. So they're trying to spray directly onto it. And then the species that grow lower in the water column, they'll contact those by spraying subsurface. But yeah, the applicator won't go out and apply in adverse conditions that would cause that type of situation to occur.

25:10Speaker 1

Okay. No other questions for me.

25:13 – 25:26Speaker 10

All right. Great. I have a couple of quick ones just out of curiosity. To start your presentation, you had several photos of the invasives and so forth. Is that a recent photo or is that a stock photo?

25:27Speaker 4

I took those from the town's RFP that they put out. So I'm actually not sure when those photos were taken.

25:37Speaker 6

I took them within the last several years.

25:40 – 26:10Speaker 10

And again, I was more curious about time of season, that type of thing, and just how prevalent it is and just the ebbs and flows of it and so forth. You've all seen it, so there's nothing surprising here. I was just curious on that. And then as far as when you are spraying and so forth, I'm guessing you have a notification process that you do with both, you know, folks within the town and also the public.

26:13Speaker 4

Yes, I believe they will be notifying before they do their application. Yeah, both the town and the state will get a notification.

26:21 – 27:02Speaker 10

Okay. And then the only other thing that I heard you mention is that as you go through this multi-season, you're going to be doing surveys in between. Is there a requirement or any possibility that you could copy our CONCOM agent of those surveys taking place just so that they can report back to The commission, I mean, we're not going to change anything. It's more just being informed to understand what's going on and whether I know this is one of those things where this isn't the first time this has been done and it won't be the last time. It'd be just nice to have a little bit more information on it so each of the commissioners can understand that.

27:03Speaker 4

Absolutely. Yep. We can definitely send details and let them know when it's taking place.

27:10 – 27:25Speaker 10

That would be great. And then as far as that goes, I'm just going to check back in with Noah and Amira if they have any other questions after listening to the conversation. Amira?

27:26Speaker 6

No, I don't have any questions.

27:28Speaker 10

Great. Noah?

27:29Speaker 8

Nothing from me.

27:30 – 27:51Speaker 10

Okay, great. And then at this point, like to open it up to open it up to the public and Jan and Leah, if you could just monitor to see if anyone raised their hands or if there's anyone that has any specific questions. Other than that, Leah, I want to kind of give out your report and if there's any conditions.

27:53 – 28:06Speaker 6

I mean, the only thing I had for tonight is that we are waiting on a DEP number and any possible comments. I could go ahead and say conditions now if you want, or we can just save them for next time.

28:07 – 28:22Speaker 10

Why don't you just go through the conditions quick so that Joe has them. I forgot I read that ahead of time. So Joe obviously was going to be requesting a continuation continuation simply because we don't have a DEP number. So go ahead. No, go ahead. Excuse me. Go ahead, Leah.

28:23 – 29:04Speaker 6

OK, so I have one finding that it is an Inland Ecological Restoration Limited project, and I give the citations for that in the regs. And then special conditions, the Commission will be notified of the treatment dates. The treatment is to occur in accordance with EPA and DEP guidelines and any applicable product labels. They will only launch the boats at the Riverview Park ramp, as Joe mentioned. And then we added that we want copies of the surveys that they produce, which this project is actually coming out of our office. So I will have all of that stuff.

29:04 – 29:21Speaker 10

Okay. I figured you had something to do with it, but I was just asking for my own kind of educational purposes. Sure. Okay. So I'll go back to you, Joe, if you have any specific questions about those conditions that we just discussed. Sure.

29:22Speaker 4

No, I think that'll make sense.

29:25 – 29:45Speaker 10

And as far as those conditions, obviously, we'll talk about it again, and it's up to you on which hearing you want to continue to. Our next hearing is the 9th, June 9th? Correct. So that's the next available one. Hopefully, we'll have the DEP number by then.

29:45Speaker 4

Yeah, if I could request to continue until June 9th, that would be great. Very good.

29:53Speaker 3

We do have a member of the public who'd like to make a comment.

29:57Speaker 10

Certainly. Please promote them.

30:00Speaker 3

This will be Bill.

30:07Speaker 10

Hi, Bill, if you're on mute. Can you hear me now? I can. And if you could give your name and address and then go ahead and ask a question or make a comment.

30:15 – 30:38Speaker 8

Okay. I have two questions. Bill Nelson, 88, George Hill Road, Grafton, Mass. Both of them are sort of technical. First of all, has the consultants... connected to the National Heritage and Endangered Species Program at Mass Fish and Wildlife to find out if there are any endangered species, plant or animal in this area that's being treated?

30:40 – 30:56Speaker 4

So there's nothing mapped in this area. So the contact in the natural heritage is not a requirement of this application. So there's no formal questioning that has been done.

30:59Speaker 10

So can you just mention where that information that you looked up and what's the source of it?

31:07 – 31:22Speaker 4

The Natural Heritage and Endangered Species publicly available data mapper, and that's viewed online either through MassGIS or through their specific website.

31:25Speaker 10

You have any other questions on that, Bill?

31:27 – 31:40Speaker 8

Yeah, just because the Vassie's Pondweed is found in Lake Quinsigamond in the Quinsigamond River, which is an endangered species in Massachusetts. So I was just expecting, since this is downstream, it might exist there as well.

31:44Speaker 10

And Leah can jump in on this too. If it does, then it's never been mapped and therefore it doesn't show up on the natural heritage maps.

31:54Speaker 8

I understand that. I was just explaining why I was asking the question.

31:58Speaker 10

No, I appreciate it. It's something good to know. And I'm sure Leah is going to mark that off so we can follow up on that.

32:04 – 32:43Speaker 8

And the second question is that Fisherville Pond is massively infested with invasive aquatic species. uh, I guess I'd have to call them alien weeds as well as natural. They were applying three families, uh, uh, uh, let's say they're addressing three species and they're applying two very effective herbicides. So there's going to be a massive die-off of all this vegetation, which will probably totally deplete the pond of all its oxygen for quite a while, killing anything in it that needs oxygen. Has this been considered, the removal of most of that dead weed matter?

32:45Speaker 10

And I'll let the applicant respond to that.

32:47 – 33:27Speaker 4

Yeah. So the goal is, is not to treat everything at once. So there, the goal is to have enough water mixing within the treatments in order to not have not completely deplete the lake. So they, they do take that into account. And if after one season of treatment, it, there are issues that are occurring in that way, then it will definitely be reassessed. But, yeah, the applicators will check the dissolved oxygen before the treatment. So they do take this into account.

33:28Speaker 8

I'd like to follow up on that. Do you also do measurements of the dissolved oxygen during the treatment process, you know, before and after an interval stirring?

33:40Speaker 8

Yep. Okay. Thank you very much.

33:44 – 34:01Speaker 10

That's great. Thank you for the questions. Yeah. I mean, I know that the amount of mass that of these weeds that once they're treated, they're going to just sit there. Cause I know they've done dredging and other times and stuff like that. So obviously that's part of the plan.

34:02Speaker 3

So another member of the public would like to make a comment.

34:07Speaker 10

Oh, absolutely.

34:09Speaker 3

Please promote them. Yep, this will be Linda Hutchins.

34:13Speaker 10

All right, Linda, if you could unmute and just simply give your name and address.

34:17 – 34:43Speaker 11

Yep. Hi, I'm Linda Hutchins at 3 Spanish River Road in Grafton. I guess following on that conversation about once the chemicals are applied, the vegetation will die, and then what? Um, are we going to have a pond full of dead vegetation or what becomes of that?

34:44Speaker 10

Sorry about the dog. No worries. Uh, I'll let the applicant kind of respond to that as part of their plan. Go ahead.

34:51 – 35:27Speaker 4

Yeah. Um, so it'll go through the natural process of, of decay. So much of the material will fall to the bottom of the lake. Um, but doing this type of treatment also allows the natives, uh, to grow in place because it frees up some of the surface space for the other species to get a foothold in the lake. So it'll go through the natural process of decaying, but again, we're trying not to treat everything at once so there's not just a massive amount of dead material all going through that process at once.

35:29Speaker 11

So will there be odors from that?

35:33Speaker 4

It's... I mean, it's not likely to be significant. It's not typical.

35:43 – 35:59Speaker 10

Okay. So can you just expand on that a little bit more on just kind of if you do run into, whether it's odors or anything else, that's something that you and the applicator company will kind of respond to, correct? Yes.

36:00Speaker 4

Sure. Yes. Yeah. If, if there's anything significant that comes up, uh, there, there will be, there'll be reevaluating, um, definitely.

36:10Speaker 11

Yeah. And, um, another question, the time of year, this would be done.

36:16 – 37:00Speaker 4

Yeah. Yeah. So, um, the, the treatment is, is typically done in, uh, late spring or, or in, in the summertime, uh, once the, the plants have grown in. Um, so, for the water chestnut, they try to apply it before the seed pods have grown in, which usually takes place by the summer. And they'll do the same for hand harvesting because it's the seed pods that will cause continued growth once they drop and then they'll cause the plants to be able to come back in future years. So the goal is to eliminate them before those pods drop.

37:01Speaker 11

And are we thinking this will start this summer?

37:04Speaker 4

That's the goal.

37:05 – 37:25Speaker 11

Yes. So I'm sure the CONCOM knows that we have a pair of bald eagles nesting in that area or likely fishing in there. And that's, that's kind of the basis of my concern about the time of year and are the fish going to be okay for them to consume?

37:26 – 37:49Speaker 4

Yes. The herbicide treatments aren't expected to impact any of the fish. There's no bioaccumulation that'll take place from these type of chemicals. And that's why they have strict guidelines for dosages and the amount that can be applied at once.

37:53Speaker 10

Okay. Oh, go ahead, please.

37:55Speaker 11

No, you go ahead, Sandra.

37:57 – 38:31Speaker 10

Oh, I was just going to say both to Bill and Linda, if you are, you know, if you are keeping an eye on the ponds and so forth, anything that comes up and so forth, please reach out to staff at conservation. If you see or hear anything, and then we can pass that along to, you know, the applicator and Joe from GEI, just so that having extra eyes is beneficial. I think everyone's trying to do the right thing, but again, it's also making sure it's all monitored. So that's, I was really just going to say that.

38:32 – 39:09Speaker 11

Appreciate that. Thank you. I'm also wondering if this is going to be considered a long term solution. Because I think I've heard these water chestnuts are coming to this location from upstream. And if if that's the case, if they keep coming from upstream in future years, how do you get ahead of it? You know, Do we have any kind of control going on up at Lake Ripple, for example, that would probably be the next upstream impoundment?

39:10 – 39:31Speaker 4

Yeah, I don't have information on what's going on upstream, but ideally it would have to be addressed upstream for it to... to not be a long-term issue. That is a good point, but I don't particularly know what's going on up there, and it's not a part of this project.

39:32Speaker 10

This is Bill Nelson.

39:35Speaker 8

Am I still on?

39:36 – 39:47Speaker 10

Yes, you are. Hold on a second, please. Leah, can you fill in on some of that as far as upstream and the different things that are going on? I know Bill can comment on that too, but Leah, you want to start that?

39:48 – 40:51Speaker 6

Yeah, so we have Lake Ripple on our list as well. The biggest hurdle for this kind of thing is funding, so we always have to line up the money to be able to do this. So we're starting at Fisherville, but we have Ripple teed up as the next candidate. It was flagged to have two patches of water chestnut. However, Jan and I went out on kayaks last year looking for the patches to see if we could get an idea of the scope because we were going to maybe pull together like a volunteer hand-pull day, and we could not find those patches. So I don't know if some good citizen out there is pulling it themselves, but they disappeared last year, and these just don't go away on their own. So we're not really sure what's happening there, but we did not find it last year. Regardless, because Lake Ripple needs a little bit of a reset, we have it on the list for treatment for other species. It's just lining up the funding and then the permitting. Thank you.

40:52 – 41:09Speaker 11

One final question. I was just curious. I went on the MassMapper GIS website as to who owns the property and are they giving permission for the lake? I know the dam is on a privately owned parcel.

41:11Speaker 10

How does that work? That's getting you into legalities and so forth. Leah, I'm guessing this is a great pond. It's over 10 acres.

41:20Speaker 6

Yes, I believe so.

41:22 – 42:11Speaker 10

So when you have a great pond, the regulations are a little bit different and so isn't the ownership. So once you hit take 10 acres, there's a lot of state laws that assist in kind of maintaining them and maintaining access to them. So it's a little bit different criteria than if you have a smaller, less than 10 acre lake. It's been a while since I've looked up those regulations, but there is definitely both for access and also for maintaining them, the status of a Great Lake area. It has an impact on all the things that we're doing here. I don't know if Joe has, because he deals with lakes all the time, a better description of what that is as far as the state of Massachusetts goes.

42:13 – 42:35Speaker 4

I mean, I think you nailed it. Yeah, there are definitely different regulations for what's considered a great pond and the protections that are given. But I don't think... that will, um, change what we're, what we're trying to do here. Yeah.

42:36Speaker 10

And hopefully if you have anything to add to that.

42:38 – 43:01Speaker 6

I had conversations with several state agencies because it's the general understanding is once it's a great pond, it's kind of under the state. Other than that, I did run it by the town administrator's office. But we feel like we've done our due diligence to notify who we needed to, plus everyone abutting the water body got notified through this process.

43:05 – 43:16Speaker 10

All right. Anything else? Yeah. Anything else? Oh yeah. The staff, our staff is great. So it's not like when it comes in front of us, you know, when it comes in front of us, we've kind of had a lot of information.

43:16 – 43:38Speaker 11

Well, yeah, I figured you got someone new. Thank you. I mean, I support the project. Um, it's terrible down there. Uh, I've tried to kayak through there with a, with a neighbor and, um, it's pretty sad. So appreciate the efforts. Um, And any improvement that can be gained. Thank you. All right.

43:38Speaker 10

Thank you. And then, Bill, if you have anything left to add, feel free.

43:42 – 45:08Speaker 8

I'd just like to answer that question that GEI could not answer. Going upstream, as you mentioned, Lake Ripple has water chestnut. The Quinsigamon River has water chestnut. Going further up, Hovey Pond has water chestnut. Going further beyond that, Flint Pond has water chestnut. Going beyond that, both the south and north basins of Lake Quinsigamon has water chestnut. The inflow to the north end of Lake Quinsigamon Muddy Pond has water chestnut. Going up into Boylston, Newton Pond has water chestnut. So I think I'll stop there because there's certainly plenty of water chestnut upstream to constantly dump into Fisherville Pond. The other thing I'd like to mention is These seeds that are really nuts on that form on the water chestnut, they don't last just one season. They last 12 to 16 years. So you have to keep plants from growing for that interval of time till all of the seeds are basically gone before you can be fairly sure that you won't have a super infestation of water chestnuts. you're talking about, you know, a 12 to 16 year, a series of treatments, if you really want to get rid of water chestnut. Thank you.

45:09Speaker 10

Thank you very much. Jan, anyone else from the audience, the public?

45:15Speaker 3

Nothing further from the public.

45:18 – 45:39Speaker 10

All right. Thank you very much. And just back to the applicant, you have requested a continuance based on this no DEP number. Anything else that you'd like to add before we make that motion? Nope. All right. Thank you. Is there anything, Leah, that we need to clean up before we make that motion?

45:39Speaker 6

Nope. You're all set.

45:41Speaker 10

Very good. Can I have a motion, please?

45:45Speaker 7

I'll move to continue the Fisherville Pond invasive treatment to June 9th. Second.

45:53Speaker 10

All right. We're going to motion a second. Roll call vote. Jonathan, you got the big picture on you. You're up. Yes. Travis?

46:09Speaker 10

I am also a yes. Public hearing has been continued to June 9th. Thank you very much.

46:16Speaker 10

All right. Leah, just keep on going?

46:21 – 46:49Speaker 10

All right. Fabulous. Okay, 21 Middlebrook Road. Pursuant to the Massachusetts Wetlands Protection Act, the Grafton Wetlands Protection Bylaw, the Conservation Commission will hold a public hearing to act upon a notice of intent and application for a Grafton Wetlands Bylaw permit for the construction of a single-family house at 21 Middlebrook Road. Who's here to discuss that?

46:52Speaker 2

Good evening, James Conkey, property owner, and Bob Murphy is here with me as well.

46:57Speaker 10

All right. You want to give us an update of where you are now?

47:01 – 47:29Speaker 2

Sure. I'll really hand it over to Bob in a second here. But we met a couple months ago. We're provided with a list of plan updates and some comments. I believe we've addressed all those in the plan updates that were made and some narratives that were provided in and along with those revised documents. So I'll turn it over to Bob from there. Bob, you're muted.

47:34Speaker 9

I'll try. Okay.

47:35Speaker 10

There you go. Okay, good.

47:39 – 55:32Speaker 9

Yeah, some towns don't allow you to unmute yourself, so you don't know who you're dealing with. Anyway, as James mentioned, we resubmitted the package essentially as an explanation of where we are at the moment. Originally the project, we were trying to propose a project as an intermittent stream based on historical records. However, during the past six years, we've attempted several times to meet the deadlines and qualifications for an intermittent stream. And there was a drought essentially every year that we did that. So we decided to rethink the entire project from a point of view that it was in fact a perennial stream. And in doing so, we worked on the setback requirements that had not been approached on the previous submission. So here we now have, as a result of the last meeting, we took a look at additional technology for the septic system and we decided to use a Presby tube system, which has been approved by DEP. This allowed us to develop the septic system on a slope where the previous systems we had would require more breakout, a larger field, a level field. And the idea here is the Presby system works good on a slope. And that allowed us to essentially meet the breakout requirements without getting into the 100 foot riparian zone. You can see on the plan, we were actually showing an area where we did all the PERC testing for deep holes, but Presby systems typically, if they do go bad, essentially what you do is expose the tubes, dig it up, expose the tubes and From what they say, 24 hours, we'll bring in proper bacteria and clean it out. I've never had that situation. But anyway, we do meet the requirements for a primary system and an area where the repair could go, although probably never would. And also what we also did was we... On the Meadowbrook Road side of the stream, we... redesigned the swale system adjacent to the replication area. So that there's no work now proposed within the 25 foot no disturb area. That was kind of an oversight on my part originally, because we were trying to get, actually trying to get the flow further away, but it works out fine this way. So essentially we now have the 25 foot no disturb area shown. And that is pretty much going back to its original native vegetation. This was a field, the entire area was pretty much mowed as a field. And what we found during the delineation process was that a lot of the mowed areas were actually wetland. So in the last six years, we haven't done anything in those areas. They're pretty much coming back with your typical shrubs that you would find in not really a bog area, but a wet meadow. It's a typical wet meadow. A lot of native vegetation is coming in. So we're just essentially proposing to let that just go back to its natural state without plowing or cutting anything like that. So we're still looking at the project as a limited project relative to access to the area where the perkable soil was and also an area where we could have the house outside of the 200 foot zone. So the majority of the work, if not all of the work is essentially in the riverfront zone is inner riparian zone is for the wetland crossing and the driveway itself. It should be noted that there was a crossing here, a farmer's crossing. There was the stone work on either side, stone abutments. The bridge, I have to assume, was wood because it's gone. But we found that that was the best area to put the proposed bridge. Really, not really a bridge, it's a crossing. with a concrete box culvert. And we have designed that culvert in a manner consistent with the stream crossing guidelines. Where we would have an openness ratio, we exceed that. We would have aggregate on the bottom that would be similar to the existing stream. And really a lot of rocks and things, essentially. reduce the flow or the energy of the flow. Oh, let's see. As far as, you know, the notes, there was additional information requested as to the tree line, try not to do any work in the tree line. The well was moved a little bit, but essentially I took a look at the site and there's no reason, even though it may be under the shade of a tree, there's no reason to remove any tree trunks or there wouldn't be any disturbance. It's just in order to meet their setback requirements from the septic system, we push the well up a minimum of a hundred feet away and that's near the edge of the tree line. But no trees are to be removed. And we added silt fences above and below the crossing and below the replication area. This is essentially to cover in case you get a real heavy downpour, thunderstorm. while the soil is not completely stabilized. The intention here is to do the work during the dry period, certainly not now, because the flow, it would be impossible to work with. But this stream does dry up, whether or not it dries up in a drought or four days during non-drought is possible. well been determined in the last five years so again we would be proposing to do the work when there is essentially no flow in the stream this is the an expedient project relative to the crossing where the contractor has all the ducks in order before we even go into the stream the equipment has to be you know ready to go the the bridge crossing uh concrete box culvert would be on site everything would be ready to go so we would anticipate no more than five days to get the crossing completed with the culvert the aggregate the stone head walls and uh erosion controls before and after that area.

55:32Speaker 8

So the timing is really critical.

55:37 – 59:15Speaker 9

You have to watch the weather. You certainly don't do it when there's a hurricane down at Cape Hatteras, that type of thing. So you watch the weather and you want to make sure that you've got four or five days of pretty good dry weather and no or low flow. That's the main issue here, really. The rest of it, developing the driveway, the stormwater management controls, those are all pretty much standard. And that, again, would be done pretty much during, you know, certainly not during wet weather. The erosion controls and the stormwater management swales is almost like a landscaping project more than construction. You have to create the swales, grass them in, get them in quickly, and again, do it in such a manner that you have a lot of vegetated areas already stabilized above the the swale work. So you're not sending a lot of mud into the swales any more than absolutely necessary. At the same time, we put in stone check dams, which give you, again, velocity reduction, energy, energy dispersion, and also some sediment and sedimenting effect. And that is part of the O&M process to clean out those areas, because we anticipate that they would have organic matter, collection of organic matter in them. But again, that's part of the stormwater management system, which is required really because the grading, the entire site, both sides, east and west gray directly into towards the stream. The house is out, as I mentioned earlier, the house is outside of the buffer zone. The tanks, things like that are all, the buffer zone lines are shown in red. Area of disturbance is shown in blue. Those color coded, the stream is shown in blue. There was a couple of questions I just wanted to mention. There was like a question about a triangle where there was a brush. That was really just line work. The idea is to promote, certainly in all the non-disturbed areas, just promote the native vegetation. And in areas that are not going to be considered to be lawn, which are essentially fields right now, we'd like to promote native grasses. And that's essentially happening on its own. Because if you look at pretty much all of the area below the septic system within the riparian zone, we're promoting native grasses there. They do better in dry weather. They have a better root system. And like I say, a lot of them are coming in naturally as they are. I believe, I'm quite sure that I answered all of the questions that were on the list, a few things here and there. I did throw in a little bit of landscaping around the house, but that's pretty much it. I'm in a position to give it back to the chair and answer any questions that you might have relative to this.

59:17Speaker 10

Okay. Leah, you wanna go through your report?

59:22 – 1:05:50Speaker 6

Sure. Let's see. So we got a preliminary peer review memo from Ecotech a little ways back. It's just preliminary comments. He wasn't going to schedule a site visit until those were addressed. We have forwarded him these revisions. We haven't gotten additional comments back from him on the revisions just yet. But as a reminder to the Commission, the plan before you is using a delineation that is expired. So one of the main things that's going to need to take place once Ecotech schedules that site visit is checking the delineation, seeing if it needs any updating and could change the layout of things. We'll have to see how that shakes out. We're still waiting on DEP for a file number and comments. I don't know if these revisions were sent to them, but they need to be because I think they were waiting on them as well. Um, with the, the new septic design, I don't know if the process has been started with the board of health yet or not, but last we talked any data relative to perk tests and things like that was from 2020. And the board of health said, um, it was since voided when it was found that testing was done in the wetland areas. So I don't know if that has been picked back up with the board of health. Um, The impacts have been updated on the plan set as well as a revised NOI page and also throughout the alternatives analysis document. However, they're still quite confusing. Jan, if you want to maybe just pull up that NOI page. So we do need to talk through those numbers. It doesn't have to be tonight because we can't close without a DEP number anyway. But in order for us all to be on the same page about what we're actually approving impacts-wise and replication-wise, we need to get those numbers straight. That also dictates whether or not they're meeting the performance standards. Um, they're relying on the limited project status of this project to significantly exceed the allowed 10% or 5,000 square feet within the riverfront area. Um, so that's something the commission also has to take into consideration. Um. Regarding the native grasses, I'm a little confused as to whether that's proposed in the same area that would become lawn or if native grasses are going to go somewhere else because One of the main ideas behind native grasses tends to be for the benefit of pollinators, but they're not going to benefit from something that's mowed a lot to be lawn. Native grasses also aren't going to provide a soft lawn for people to walk on, so those two things seem a little bit in conflict to me. The No Disturb line out behind the house. Sorry, Jan, I'm making you flip all around, but if you can go back to the plan set, we do have the No Disturb marked out for where a fence and signage would go. which is great, follows the no disturb, but it's up to the commission. But in the back of the house, it could follow along that tree line if that tree line is going to stay. We don't necessarily need them to put a fence in the middle of the woods. So we just got to talk through details like that. We also had talked in the past about that front field down by Meadowbrook Road, kind of where the text saying lot one is. We talked about that becoming a no disturb as well and letting that go back to natural vegetation. So we would need to see that on the plan if that's still something the commission wants to see. The limit of disturbance is on here in light blue, but it doesn't encapsulate the erosion control installation or the no disturb barrier installation, so that line needs to change. We're also going to need to show that limit of disturbance somehow in the field, which can come later when we're talking about conditions. erosion control is still proposed within the wetland. It needs to be moved to the edge. That was one of Art's comments as well. Another question to the Commission is whether you want to see dewatering details or if you're satisfied with it occurring in the dry and capturing that in conditions. They've also talked about invasive remediation, but I don't know the methods or the areas that they're talking about. That goes hand in hand with this promotion of native species, which is great, but what does that mean exactly? Are you planting anything or are you just letting what's there grow naturally? One question from the commission from last time was where does the foundation drain discharge? I didn't even see the foundation drain on this revision. Maybe I just missed it. But we were questioning where that discharge is last time. And the last thing I have is just something that has come up in light of another project that our office is taking care of. We're replacing the culvert on Merriam Road, so upstream from here. And in working with that consultant, that span is going to need to be like 14 to 16 feet wide. And then the next culvert downstream from here is 10 feet wide. So we were just wondering what the documentation and data was to support the five to six feet bank full width that's being used here and what that modeling looked like. And That consultant also just was questioning one foot of embedment material not being enough, but on this revision it is two feet. And I know that was an awful lot, but that's all I have.

1:05:51 – 1:08:28Speaker 10

All right, thanks. Yeah, there's probably a few other things that when I was looking at the plans that came up, but they're things that are just questions that can be addressed and so forth. I think the bigger questions, and we'll go around to each one of the commissioners, but also just to go back to the applicant, you know, how much you want to get into all these things. would it be helpful if we, if Leah kind of puts in a, you know, just a list of all the things she said and we're happy to share with any, with you on that, just so that make the best use of our time, your time, as far as being able to making, instead of just listing off everything and it just so that you can have it more organized. I mean, we can't do anything until we get DEP number. Leah, I'm also going to just ask question. As far as the septic system goes, from our perspective, we're not going to have a comment on the system itself. All we care about is the grading around it and how it potentially can impact or any of the resource areas, that being approved is totally up to the Board of Health. You're not going to hear us make any comments about the septic system itself. It's really just where it is and what the grading is needed. Other than that, that septic system needs to be approved by the Board of Health. And you don't have to have that approval prior to us, you know, going through this process and coming up with potentially order of conditions, just an FYI, you just might want to make sure that the board of health is okay with this type of system. I, you know, it's, it's, it's out of our kind of jurisdiction. So I don't want to muck up our stuff that has something to do with another department and you can check with them and so forth. Um, I guess I'll go back to the applicant about kind of the, with some of the questions that are all still outstanding, if it'd be better for us to do an initial letter, also being able to get the DEP number, also get confirmation that the updated plans have been sent to DEP. So that doesn't slow DEP down with either the number or their comments, because we'll want to see that. So, so I'll ask the applicant, James, or Bob can answer this. kind of getting that process so we can move forward and making sure that we get good communication. So we're not, we're, we can be a little bit more efficient in how we go through the meetings. So.

1:08:30 – 1:13:20Speaker 9

Okay. Well, thank you. If I could, I would request that Leah, you know, provide, provide us with, with a list of her current questions. And I, That works well for me because then I can submit to you an itemized response explaining every single item on that list rather than to try to do it helter skelter in a meeting. I will say that any questions relative to Title V and the septic, I had an agreement with the Board of Health actually several years ago. And they had requested that we work in tandem with them, but they were not in a position really to approve the final Title V design until conservation, your commission was comfortable with it. And that being said, there were just a couple of other things that came out, I just wanted to clarify. The original soil testing was done by another engineering company and they were not aware of the wetlands issue in the field. They just thought it was a field, it was a field and that was it. But it turned out that their testing was in the wetlands in a couple of places and certainly too close to the wetlands in other places. Any remarks relative to that, I'll refer that back to the Board of Health, but none of these PERC tests, soil evaluations were done in wetlands. This office reviewed the wetlands prior to that. So like I say, I didn't want to muddy the waters here as to someone thinking we PERC'd in or even near the wetlands. But again, that would be explained through the list. As far as you know, other issues that were mentioned, you know, relative to the, my intention, and I can't tell James everything to do, but certainly my intention is areas where you don't need to have lawn, certainly the entire area on the Meadowbrook side of the stream, really, I would much prefer to see native vegetation unmowed I have seen bobolinks nesting in this area. And this is the type of area they really like to see is a field that goes back to its native condition. And I, you know, I'm a bird watcher. I like to see them out there. as far as the other areas that show native grasses below the septic system i would and again this is me speaking but i would prefer not to see any mowing done in that area at all other than um you know maintenance of the area within 10 15 feet of the septic system that should not have any trees or large shrubs that could be done with a brush more type of thing And as far as lawn is concerned, I don't really see this site as having a lot of lawn. Certainly around the house, you would have landscaping in the front yard, but the areas where you're going to have drainage swales, anything near that should be native vegetation. Absolutely should not be mowed. So I think we could clarify that. on the plan with the detail, but essentially I would like to see as much of the property be native grasses as possible. There was one question that came up. I really didn't catch it. I wasn't sure about it. It talked about the erosion controls being outside of the area disturbance area. There are some places where you do put erosion controls outside of the disturbance area. That's not to disturb any areas, just to protect the resource areas from something that might happen outside of that. And again, that could be addressed in the list. But I'm very comfortable with the feedback that I'm receiving at this point. And no, we have not sent this. I don't think we've sent the revised plan to DEP. So we'll do that right away. And James and I will respond to a list of concerns. That way we can... give you a good response to every item, explain exactly what we're doing.

1:13:20Speaker 2

Yeah. I jotted down most of your questions, Leah, but if you could kind of formalize that. So like Bob said, we could respond. That'd be very helpful.

1:13:27 – 1:17:15Speaker 10

Yeah. And just as one thing, a couple of things when I was looking at this and just my background looking at stormwater and stuff. So Leah's comment about having a culvert just upstream of this being 14 feet and a culvert downstream of it being 10 feet. So it'd be important to make sure when you, um, you know, determine the width of that culvert, um, that you're actually having some, um, backup of why you're determining it as half, about 50% of what other culverts are on this stream. Cause the last thing we want to do is make sure that there's adequate flow through there. Um, and just doing some sort of analysis on that just to confirm that the width of the culvert is appropriate. I'm gonna give Leah some of my comments on things like your water quality swale making a left-hand turn, almost a U-turn, just how that's gonna stay within the swale itself. Water doesn't like to make those type of turns. It likes to go straight. So, it's something that can be easily designed into it. I would also suggest taking, and I'll let Leah know these too, also suggest taking a look at some of your details and calling out some of the things that I think... Would be prudent. Basically, some of the things that I'm looking at are more like some of the details. And it's like, you know, the water quality swale shows a, you know, does show a check dam. typically you have, you know, a section in a kind of a plan view, excuse me, a profile view. So, and also identified the type of vegetation and so forth. And again, I haven't looked through the plans in great detail. So there are some of those type of like very simple standard details that can be added to it. And then As far as some of the other kind of questions that I had, the box culvert, other than the kind of the required hydraulic capacity of it based on the stream bed that it's on, that's a concern. But also when you look at drive Y profile, it's not really a profile. and it's showing kind of the existing stone headwalls and so forth. It's a little bit not clear exactly what's going on and what you're showing on that section. And just trying to figure out what that detail is trying to show. So some clarification on some of those things and actually have it, you know, have elevations on it. You have some elevations and so forth. And it's just kind of needs some more detail to it. But those are fairly straightforward and minor as opposed to, I think from my perspective, I mean, there's a lot going on on this site. The hydraulic capacity of that culvert for the appropriate storm is concerning to me simply because of the available information by projects upstream and the knowledge of the size of a culvert downstream. We just don't want to create a restriction here. So that's really where that's coming from. I'm going to quickly go around to the rest of the commission.

1:17:15Speaker 9

Could I just jump in for a quick?

1:17:17Speaker 10

Sure. Real quick. Not a monologue here.

1:17:21 – 1:17:33Speaker 9

No, I'm just curious. Could we get the information relative to the hydraulics analysis of a 14-foot crossing?

1:17:34Speaker 10

My understanding is that Leah came through a different culvert replacement. Therefore, that would be public information. You can request it. Is that true, Leah? Okay.

1:17:46Speaker 6

It's literally underway now. Okay. Figuring all that out, I mean. But I can find the document, yeah.

1:17:54 – 1:18:23Speaker 10

Okay. Yeah, we're not, you know, anything that's in the public, we're more than happy to share, obviously. And I haven't actually looked at that and so forth. It just raises a potential red flag and so forth. But I will kind of go around to the rest of the commissioners just to do kind of an overview if they have anything specific. Otherwise, we'll kind of rely on some of what Leah's been going through to get this thing moving. So I'm sorry, James, were you going to say something?

1:18:24 – 1:18:44Speaker 2

Yeah, just real quick. Thank you. So the size of the culvert actually came from a previous peer review. We had the stream originally identified as a five foot stream. And Arthur Allen came back mentioning that it was that the culvert should be sized for a six foot stream. And that's how we came up with the eight foot open culvert.

1:18:44 – 1:19:09Speaker 10

Okay. And again, that's just kind of information that we need to gather and stuff. So, so let me go around to the other commissioners if they haven't, again, we understand that more information is coming and we'll try to get, you know, kind of some of the general comments that we're coming up with to the applicant. So they have the opportunity to respond and be a little bit more efficient. So Travis, do you have anything else to add?

1:19:10 – 1:19:21Speaker 7

I'm most likely going to have recommendations for conditions to protect the resource area, but without seeing the revisions and answers to these questions, nothing else right now.

1:19:22Speaker 10

Okay. Sounds good. Jonathan?

1:19:25Speaker 1

No, nothing from me. Thank you.

1:19:27Speaker 10

Okay. No problem. Amira?

1:19:31Speaker 6

Nothing at this time.

1:19:34Speaker 8

Nothing from me.

1:19:36 – 1:20:18Speaker 10

And I already gave you my couple of ones of just looking at things. And it's more just making sure that things in proximity to the stream, that we don't have future problems and just avoid things. That's all. So. Leah, anything else? I will open it up to the public and if anyone is online and has any questions or comments about this particular project, please feel free to raise your hands and we're happy to try to get any of those questions answered and also understand this will be continued to another hearing, but please feel free to raise your hand and we will call on you. Leah, anything else?

1:20:20Speaker 6

No, not tonight. Nope.

1:20:23 – 1:20:38Speaker 10

Okay. That sounds good. And hopefully you can get that information to DEP and hopefully they can get us a DEP number because that will be very important to keeping this going. Jan, anyone raising their hand?

1:20:44Speaker 6

Jan's having some internet issues, but no, no one's raising their hand.

1:20:48 – 1:21:11Speaker 10

Okay. I appreciate that, Leah. So I'll go back to the applicant and his representative. Is there anything else at this point that you have questions or anything other than you requesting a continuance to whichever meeting you want to go to next? Our next meeting is June 9th. Let us know if you have any other questions at this point.

1:21:12 – 1:21:23Speaker 2

No other questions. Let's continue to June 9th. Leah, if you could get that list over to us in the next couple of days or so, so we have some time to respond and get that back to you before then.

1:21:25Speaker 10

All right. Sounds good. And so you requested a continuance to our next hearing. Do I have a motion for the continuance?

1:21:35Speaker 7

I'll move to continue the hearing for 21 Meadowbrook Road to June 9th.

1:21:42Speaker 10

Do I have a second? I got a motion and a second. We'll call vote. Noah? Yes. Amira?

1:21:51 – 1:22:08Speaker 10

Travis? Yes. Jonathan? Yes. And I am also a yes. The motion carries. And we'll see you on June 9th, and we'll do the best to try to get you that information in a reasonable time so that we can be productive at the next hearing also.

1:22:09Speaker 2

Appreciate it. All right.

1:22:10Speaker 10

Do you have anything else?

1:22:13Speaker 9

No, I just want to let you know it's going out to the DEP tonight.

1:22:19Speaker 9

Thank you for your time.

1:22:21Speaker 10

Yep. All right. Thank you very much. Feel free to reach out to staff if you have any specific questions, and otherwise we'll see you in a couple weeks. All right.

1:22:29Speaker 2

Thank you. Thank you all. Have a good night.

1:22:31Speaker 10

You too. All right, Leah, action items.

1:22:36Speaker 6

Yep. Meeting minutes.

1:22:38 – 1:22:50Speaker 10

Meeting minutes. Okay, action items. Quick roll call. Does anyone have any questions, comments on the May 5th, 2026 meeting minutes? Jonathan?

1:22:52Speaker 1

Nope, no questions.

1:22:56Speaker 4

No questions.

1:22:57Speaker 10

Travis? No, no questions. Thank you. Noah?

1:23:03Speaker 6

No questions.

1:23:05Speaker 10

I also have no questions. Can I have a motion?

1:23:08Speaker 7

I'll move to approve the meeting minutes from May 5th, 2026. Do I have a second?

1:23:13Speaker 10

Second. Motion to second. Roll call vote. Noah?

1:23:22 – 1:23:36Speaker 10

Travis? Yes. Jonathan? Yes. I am also a yes. The motion carries unanimously. Request for certificate of compliance. Anything to add, Leah, other than what you've already written in your report? No.

1:23:37Speaker 6

So I'm actually doing something new tonight and throwing this one to Jan because she investigated this. As long as her internet will hold for her. Okay. Go ahead, Jan.

1:23:48 – 1:24:28Speaker 3

Thank you. Seems like it's working, but I'm going to keep my video off. So this order was for a driveway expansion, a garage, and a paddock at 61 Leland Street. I performed a site visit a few weeks ago and noticed that a... A pipe from an inlet just east of the garage was approved at 15 inches, but a 12 inch one was installed. I ran that by Jeff and he found that the 12 inch was going to be sufficient. So other than that, all conditions have been satisfied and we have a good sign off from Jeff on that change.

1:24:32Speaker 10

All right. Anything else?

1:24:36Speaker 3

Nope. Everything's stable over there.

1:24:39Speaker 10

Okay. So quick around the commission to see if anyone has any specific questions on this certificate of compliance. Let's see who's up on the big board. Noah?

1:24:50Speaker 5

No questions from me.

1:24:52Speaker 10

Travis? No questions. Amira?

1:24:58 – 1:25:09Speaker 10

Jonathan? Nothing from me. Jan was very clear. Thank you. And I also have no questions. So, which means we get to do the next. Who's going to make a motion?

1:25:10Speaker 7

Probably me. You've got a good rhythm, Travis, so keep it going. I move to issue a certificate of compliance for 61 Leland Street.

1:25:20Speaker 10

Who's second? We have a motion and a second. We'll call a vote. I'll start the other way. Travis?

1:25:37 – 1:25:52Speaker 10

I am also a yes. Motion carries unanimously. And it has been issued to certificate of compliance will be issued. So, all right. Anything left? Leah?

1:25:53Speaker 6

That's all I have.

1:25:55 – 1:26:09Speaker 10

All right. Fabulous. Okay. I hope everyone appreciated the beautiful day today. If no one else has any other comments or questions, we have one motion left to make.

1:26:18Speaker 10

Jonathan, you made that motion?

1:26:21Speaker 10

Okay. We have a motion and a second. Roll call vote. Amira? Yes. Noah?

1:26:31Speaker 10

Travis. Yes. Jonathan.

1:26:36Speaker 10

I am also a yes.

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.