Conservation Commission - Regular Meeting

Thursday, April 16, 2026

About this meeting

Government Body
Conservation Commission
Meeting Type
Conservation Commission
Location
Middleborough, MA
Meeting Date
April 16, 2026

Transcript

654 sections (from 717 segments)

2:13 – 2:35Speaker 1

Meeting is being recorded by McCann and televised on both Verizon and comcast. Comcast. If anybody is here for items on the agenda, item number six, the notice of intent for 64 Benson Street. Item number seven, the certificate of compliance for 18 Cowan Drive. Item eight, the notice of intent for 18 Cowan Drive.

2:35 – 3:16Speaker 1

Number nine, the notice of intent for Off Stone Street. Number 10, the continuation of the abbreviated notice of resource area delineation for 253 To 259 Wood Street. And number 11, the abbreviated notice of resource area delineation for 525 To 529 Wareham Street. And number 12, the notice of intent for 177 Summer Street are all going to be continued. So if if you're here for any of those, pretty much all of page two, we won't be discussing them. So you know. And we have a discussion. Don't know if he's is Rick or not? Great. Okay.

3:16 – 3:28Speaker 1

Hi, Dan. First thing was a discussion of 7 Winter Street. This was the continuation we did last week, and they're seeking a slight change to the plans.

3:28 – 3:44Speaker 2

But Rich is not Yeah. So this discussion, clarify, this is so you decide whether or not they have to file a new notice of intent or they can amend this ask for an amendment, which would be a public hearing.

3:45Speaker 1

And I think this was it actually moved a little bit further away from the wetlands. It just sort of adjusted and yeah.

3:51Speaker 2

Yeah, it's a little different footprint.

3:54Speaker 1

Right. Yes. It was bigger, but yet further away.

3:58Speaker 3

Is there someone here for that? There is not

4:00Speaker 1

someone here for that. We're just discussing. Is he planning to come on, did you know?

4:05Speaker 2

Was he going to come? No?

4:11Speaker 1

Do you have any comment, Trish? Just the usual rounds.

4:15 – 4:50Speaker 2

That's fine. Yeah. That's fine. So, you know, it is it seems like a significant change even though it, it is further away from the wetlands. This is a very old file. You did give them an extension, I believe, at the last For a year. Yeah, for a year. But this is another part of that. Even though you gave the extension, it was for the original plan, not this plan. So you would have to just, like I said, determine whether you're okay

4:52Speaker 4

with it that you would they could request an amendment to this order of conditions or that they would have

5:00 – 5:30Speaker 2

to come back with a new notice of intent. But you gave the extension. So it makes it a little complicated. They would have to like withdraw the other one and close it and then file a new notice of intent. Sometimes the other choice has been that you allow this, but you ask for an as built plan at the time of the certificate of compliance. So those are the choices.

5:33Speaker 1

Any questions or we don't have anyone to question, but thoughts or comments?

5:37Speaker 5

Yeah, I noticed that the driveway seems to be in a 25 foot zone.

5:43Speaker 6

Is that the old

5:43Speaker 1

plan or the new plan?

5:48Speaker 5

Bottom corner of it. Mhmm.

5:56 – 6:12Speaker 1

Oh, yeah. That's only the old plan, So is this This is the new plan. Okay. Truth, Katie's got up the new plan up there, too.

6:14Speaker 1

shifted over a little bit.

6:26Speaker 1

that's the old one. Do you have any questions or thoughts, Carrie? I

6:36Speaker 3

do think it's a significant change. The house is a lot bigger. Kinda like I don't know.

6:46Speaker 3

trying to look at, like, a side by side. Is that the old one to the right?

6:50Speaker 1

He did that layover. Is that how the colors. That's what

6:53 – 7:07Speaker 3

I was looking at, but it's different. The driveway is different on the new one than that overlay. What does that say again? The purple?

7:09Speaker 1

Frostwell Backville full foundation. Oh, okay.

7:24 – 7:40Speaker 1

Yeah, just wanted to look at this for another We'll go to the end of the line. Any thoughts or questions, Diane? No. Going backwards. Bart?

7:46Speaker 5

No. All set.

7:55 – 8:10Speaker 3

I don't know. It is kinda a tough one because it is a significant difference in the footprint of the house, even though we are kind of bringing it back.

8:10Speaker 1

I know. It's better like location.

8:12Speaker 3

A Different house. Yeah. Where is the bleaching field on the old plan? Is that

8:20Speaker 2

in the same location?

8:21Speaker 1

This is the old plan. Roughly the same.

8:34Speaker 3

Do we have info on the difference of the square footage of the house?

8:43 – 8:56Speaker 2

Don't know if that's on that colored plan. No. It just looks like they show the color difference.

8:56Speaker 3

Yeah. Just kind of just like an overlay.

9:05Speaker 1

So our choices are to recommend Did they come back?

9:14Speaker 5

I'm asleep again.

9:27 – 9:38Speaker 3

Think it was this one. That's the old plan with the overlay. There's a lot of info in this file with different folders.

9:38 – 9:54Speaker 1

Yeah, because it's been going on for a bit. So our options at hand are to recommend that they resubmit for an NOI. We can approve the amended plan or make an amended order of conditions.

9:54Speaker 2

Well, they'd have to come back to request an amended order of conditions.

9:58Speaker 3

This isn't the request? This is just

9:59Speaker 2

No, this is just a discussion. Okay. Yep. This is a discussion to see what you want them to do next.

10:10 – 10:22Speaker 1

Or the other thing that Trish mentioned was let it go forward, just recommend that stick with the old plans and file an as built. I know that seems like a nondecision. Yeah.

10:22 – 10:42Speaker 2

So the three things are they'd have to withdraw this, file a new notice of intent. They deal with under an as built when they request a certificate of compliance under this original order that was extended. Or they do an amend they request an amended order of conditions for this original order.

10:44Speaker 1

Personally, the as built seems like kind of a, oh, just do what you want and let us know later. I don't like that.

10:49Speaker 2

Usually that's like a minor change.

10:50Speaker 1

Yeah. It seems like not that.

10:52 – 11:05Speaker 3

So my feeling is there is a significant amount of difference in the footprint of the house that we should ask them to file a new notice of intent.

11:07 – 11:35Speaker 1

Yeah. Honestly, I think I could work with the amended since it's moving away from the wetlands is for me, personally. I feel like it is a bigger house, but it's moving the driveway out of the 25 foot. The house is in the 50 foot. Not I don't think the impact it has even changed, but I don't think the impact is that enormous. That's my personal opinion. Anybody else have a thought before we want to make a motion? Bart, Diane, anything?

11:42Speaker 1

Are you good enough to propose something?

11:44 – 11:55Speaker 3

Are you leaning towards issuing an amendment or asking them to refile a whole new notice of intent?

11:56Speaker 2

Well, they need to request the amendment. You don't yeah, you

11:58Speaker 1

can't What issue it recommendation we have them? We would like them to go for an amendment. Would like them to go for an NOI. Yes.

12:05Speaker 6

Yes. I like the

12:06Speaker 5

amendment. You

12:10Speaker 1

start over. You start over. Okay. Bart and I, our amendment. Carrie, Jerry, our start over. Diane, you are the tiebreaker.

12:16 – 12:30Speaker 7

I think an amendment will be fine. I wouldn't be in favor of an as built. But I think the impact is not increasing, so an amendment might be okay over a new notice of intent. Okay.

12:32 – 12:43Speaker 2

So you don't have to like vote, but I can give them a consensus. So it's It's basically a tight vote, but three to amendment. Right. Okay. I'll let them know.

12:43Speaker 3

We're not actually voting on anything.

12:46Speaker 2

What's that?

12:46Speaker 3

We're not actually voting on anything?

12:48 – 13:14Speaker 2

No. And so this is part of that. If you look at the policy that DEP has about amended order of conditions, this is one of the steps is to discuss it. And then now that you've, you know, we've kind of a consensus, I can reach out to them and tell them that they can now proceed with the request for amendment because they have to re notify abutters, they have to pay for a newspaper ad again, and then come to a, it's a hearing.

13:15 – 13:34Speaker 1

Okay. All right. Great. We have a couple minutes, so if we can do Let's do something easier than the minutes. I'm just

13:40Speaker 2

try to get Yeah, Jen will have the minutes ready for the next meeting.

13:43 – 14:08Speaker 1

Totally fine. Yeah. I love trying to sneak in the bills, but I'm failing at it. Alright. Do I have a motion to pay Middleborough Gas and Electric the amount of $13.77? This is the Pratt Farm electric box for February to March.

14:08Speaker 5

So moved. Second.

14:09Speaker 1

Motion by Bart, second by Jerry. Any discussion? All in favor, roll call vote. Nancy, aye. Jerry, aye.

14:18 – 14:55Speaker 1

Diane, aye. We have a request for group use. One is from the Taunton River Watershed Alliance through BART at Pratt Farm, a bug walk with Blake Denias, the Plymouth County Extension Entomologist on May 24 at 1PM. Room for about 30 people. That sounds fun, Bart. Which day of the week is the twenty fourth?

14:56Speaker 1

What day of the week is the twenty fourth?

14:58Speaker 1

Sunday. Nice. Does anybody have any questions or comments for Bart about that potential group use?

15:08Speaker 3

Sounds good.

15:08Speaker 1

All right. Do we have a motion to approve the group use for Pratt Farm for Sunday, May 24 at one p. M. For the Bug Walk?

15:16Speaker 3

So moved. Second.

15:17Speaker 1

Motion by Jerry, second by Kerry. All in favor? Roll call vote. Nancy, aye. Kerry, aye.

15:22Speaker 5

Jerry, By and aye. I

15:28 – 16:02Speaker 1

wish my kids were little. We also oh, and another bug walk. Do we have another son? Another bug walk on September 12 at 10AM, also at Peconi Farm. Same group, Taunton River Watershed Alliance through BART, and also with Blake Denias from the Plymouth County Extension Etymologist. Any questions for Bart on that? I'm going do it at both places. That's great. Do we have a motion to approve the group use for Piconee Farm on September 12 at 10AM for a bug walk?

16:03Speaker 1

Motion by Jerry. Second. Second by Kerry. I should have said any discussion last time and I didn't. Any discussion? All in favor, roll call vote. Nancy, aye.

16:12Speaker 5

Jerry, aye. Badd, aye.

16:18Speaker 2

I keep saying real cold and I'm waiting for somebody else to go, oh, it's me.

16:22 – 16:50Speaker 1

Every time. Alright. Last, we have another request for group use, which is great. The Wildlands Trust actually wants to lead a full moonwalk at Pratt And Coney Farm on Friday, May 1, so coming up real soon from eight to 09:30PM. They're estimating 17 people, including the leaders. That's great. That was a great offer for them. Does anybody have any questions about that?

16:51Speaker 5

No, it looks good.

16:52 – 17:03Speaker 1

Yeah. They'll post the event on their calendar and we'll post it as well and sounds great. Alright. Do I have a motion to approve the Wildlands Trust full moon three mile full moon hike?

17:03Speaker 5

So move. At the Coney

17:05Speaker 6

Tunnel. Second.

17:05Speaker 1

Motion by Bart, second by Jerry. Any discussion? All in favor, roll call vote. Nancy, aye.

17:11Speaker 3

Carrie, aye.

17:12Speaker 5

Jerry, aye. Aye.

17:23Speaker 1

I love when outside groups do that. It just creates more awareness of the different properties. That's great.

17:27Speaker 2

Yeah. Definitely.

17:30 – 18:15Speaker 1

07:00. The request to amend the order of conditions for the Damascus River restoration with the Middleborough Lakeville Herring Commission. Something to read. The Middleborough Conservation Commission will hold a hearing under Mass General Law Chapter 131, Section 40, the Wetlands Protection Act, for an amended order of conditions to include an additional section of the Namaskat River to restore with an eco harvester from Wareham Street to the MBTA Bridge approximately eight tenths of a mile. Hearing was requested by Tom Barron, Middleborough Lakeville Herring Fishery Commission. Hearing will be held 04/16/2026 at 7PM in the Select Board Meeting Room at the Town Hall 10 Nickerson Ave and via remote. Hi.

18:15 – 18:59Speaker 4

Thank you very much, madam chair. I was so excited about coming here that I met Louise on Tuesday down at the Herring Run, she informed me it wasn't Tuesday, was Thursday, I was ready to come in time. But anyway, this will be our third weed removal project in the Namaskat River. We've been very blessed with the results. It's been very successful, especially our second one where we went from Wood Street down to the MBTA Trestle. That's our choke point. We can't get an Echo Harvester through there. You can barely get a kayak through there. And we took an awful lot of weeds from there. And since we've done that project, we have opened up the flow in the river.

18:59 – 19:32Speaker 4

There is if you drive on Vaughan Street and you stop the Vaughan Street Bridge and you look left, the main channel goes to the right and there's a little what we call the canoe path or whatever. But you can see actually ripples and there's current going through there. It used to take thirty one days to get a drop of water from Asswamsted Pond down to Wareham Street. And last year because of our drought conditions and whatever, within two days, the Taunton Water Department let out water and we were able to get water there. And so this will be our third weed removal project.

19:33 – 20:16Speaker 4

And once we do this, the only part that we haven't done is from the Vaughan Street Bridge up to the dam itself. It's been very successful. I'm here on behalf of the Herring, but it's more holistic than this. It opened the rivers open to the residents of Middleborough, the residents of Lakeville. So many kayakers and canoes come from all over to enjoy it. And we got so many compliments after our last project that they could do it because come the July, the August 1, nobody can paddle it with the invasive mill foil in it. Do you have any questions I could answer for you?

20:16Speaker 1

I remember all of the planning on the last one in terms of where you were taking material off the Eco Harbister and that where is your entry and exit point this time? Same place or?

20:26 – 20:55Speaker 4

Well, again, we've been blessed with Pat Freitas and her nephews, David and Scott, we use their land before to access the weeds. This year because we're in another section and they live up, it would be south. Actually Chris Peck has given us a spot to dump it on the deep on his Grove Street property. That's where we're going to access the Echo Harvest to win. That was out.

20:55 – 21:20Speaker 4

I would have been here a month ago or so, but we had problems trying to get that. But again, we just have so much cooperation with these projects that we do in it. It entails so much. I I know I'm just coming for you asking for this, but first of all, we need funding. We need $35,000 We got that from Allison Bowden and Maria Gabriel from Nature Conservancy.

21:20 – 21:54Speaker 4

We have help from Serpid. I couldn't do this project without Tricia and Jen and Katie from their department, all the help they give me. Again, we need a place to dump the weeds, a place to put the Echo Harvester in. And then and after we go through all this whole process, then we have to once we if and when we get approved, I think we will from you, then we have to send it out to National Heritage, Department of Marine Fisheries, Department of Fish and Gain, DEP. I might be forgetting some other agencies.

21:54 – 22:11Speaker 4

But it's just it's an awful lot of cooperation we get. We're a volunteer organization and we don't have the funding. We're just blessed to have what we have, all the cooperation and the help we get. I'm very grateful.

22:11Speaker 1

That's great. Any questions or comments, Carrie?

22:16Speaker 3

No. I think this is great. I saw someone kayaking the Namaskar today actually and can't wait to get back out there.

22:24 – 23:01Speaker 4

And again, this time of year, it's okay because Yeah. We've had a little high water from the spring, but it's in August. Yeah. And the invasive mill foil just grows across the pond. Totten Water Supply probably in June sometime, we'll we'll put the boards up. That's the headwaters of the Damascus River. Yeah. So it'll stop the flow. And any preceding water that's in the swamp is gonna drain. If you notice in the river itself, all the green growth growing up right now, that's gonna suck up some of the water. So it's okay in the spring for our adult herring. Our problems arise. With the babies? With the babies. With the fry coming up.

23:01Speaker 3

So what time of year do they come back?

23:03 – 23:26Speaker 4

If we have extremely high water, they can leave any time at all like twenty ten, eleven and twelve. They could leave whenever they wanted. Normally once they lay their eggs, takes approximately, I think it's twenty five days before they're big enough that they could actually leave the pond. Okay. For the most part, because what happens every single year, they board up the dam.

23:26 – 24:01Speaker 4

Mhmm. And then we end up in Asawamsa Palm, we end up with 24 to 28 feet of shoreline, so they can't access it. So it's not until October, November, I call it the late hurricane rains come and fill the pond up, which reverses the flow. Like right now the flow is going from Long Pond to Assawamsa to Great Quiddickes to Parkshire to Assawamsa and Notre Dame. Well, it reverses in August. It goes from Long Pond to Assawamsa to Paxia to Great Quiddickes because Little Quiddickes is the pumping station for New Bedford and Assawamsa is for Taunton Water Works.

24:03Speaker 1

So given that, what time of year do you want to do this Eagle Harvester project?

24:06 – 24:37Speaker 4

In our permit, we are only given two weeks out of the year. The first two weeks in August. So we always try to have C and D, they're the Echo Harvest, the company. We book them for the first five days in August. And then if there's rain or anything else we go from there. That's our only time constraint. And we need to have John Crane, the turtle expert on the Echo Harvest to look for anything that comes up, any turtles or any other wildlife that gets sucked up.

24:39Speaker 5

Jerry? So the turtles that get sucked up, if

24:43 – 25:03Speaker 4

they do, are they okay? Yes. This Echo Harborser, if you can picture a flat bottom boat and in the front it has a big barrel on it. It has two paddle wheels on the side. It runs on vegetable oil, if anything happens it doesn't hurt the river.

25:04 – 25:36Speaker 4

And what basically we're looking for, the reason it has this barrel is because the invasive milfoil comes up and grows out and this barrel wraps it around and it pulls it up by the roots and it's that you can have a three foot white root on the bottom of it. And as it comes up the conveyor, John Crane is standing there watching. I mean, he's got fish this big, little turtles, anything. It doesn't really hurt. He grabs them and throws them right in the river. And that's why under our permit, we need John Crane on the boat.

25:37 – 26:03Speaker 4

good. And then what they do is they go to shore and then they reverse the process and the conveyor dumps the weeds from the back, puts it on the shore. They put it in the truck and we bring it over and then we rake through the piles to see if we find anything. Last year, we found I think maybe two or three little pickerel about this big and maybe I think it was 27 crayfish. The crayfish get caught up in the weeds, you can't catch all of them.

26:03Speaker 6

Yes. Understandable.

26:07Speaker 5

Sounds good to me.

26:08Speaker 1

Great. Bart?

26:12Speaker 1

Diane, any questions or comments? No questions. I appreciate you guys doing this. I think

26:18Speaker 5

it's helpful for the river. You.

26:21Speaker 1

Sorry, Trish, sorry with you.

26:23Speaker 2

Oh, no. I mean, I know all about this. I've been on the Eco Harvester actually. So I've seen it in progress in

26:30Speaker 4

Yes, last year she said she wanted to go on. Said, know,

26:36Speaker 5

you looking for volunteers this year?

26:38Speaker 4

I'll tell you, we can always look for volunteers to help us break through the process, yes.

26:45Speaker 1

Yes, let us know.

26:46 – 27:04Speaker 4

Okay. And I'll let you know exactly what's And going to be thank you very much. That's the biggest thing that we have to do. And we're all old and we're getting older. And it's very high when you have a pile of mill foil that's it's a truckload. It's

27:04Speaker 3

overwhelming amounts.

27:08Speaker 4

Rake through it in 90 degree heat, it's brutal. But that's part of what we have to do. I don't know.

27:17Speaker 2

Bring your fan.

27:19Speaker 5

Can I bring my fan?

27:20Speaker 1

Do we have any questions?

27:21Speaker 4

I think you need a big fan, sir.

27:24 – 27:38Speaker 1

Do we have any questions or comments from the public? All right. Do I have a motion to approve the amendment to the order of conditions to do another round of eco harvester work on the Damascus.

27:39Speaker 1

Motion by Bart. Second by Cherry. Any discussion? All in favor, roll call vote. Nancy, aye. Terry, aye.

27:49Speaker 5

Jerry, aye. Bart, aye.

27:51Speaker 1

Faye and I. Great. Thank you very

27:54Speaker 4

Thank you very much, ma'am.

27:55Speaker 3

Great project.

27:57Speaker 4

And again, I couldn't do it without these ladies.

27:59Speaker 1

Now I know. You're welcome. I

28:03Speaker 2

know. I know.

28:06Speaker 1

No, it really is true. Without this the regulatory environment needs a lot of people to interpret it. It's really true.

28:13Speaker 2

Yeah, it's a lot of paperwork that isn't normal to life. No, no. Yeah. Thank you

28:22Speaker 1

very much. Yeah.

28:29Speaker 2

Alright, take care.

29:08Speaker 1

Just we have like a little couple of minutes here. Oh. Anything Conservation lands it quick. We didn't have anything else to vote on this.

29:18Speaker 2

Let's see. I actually can talk about let's go down here. Just give you an update on the budget.

29:27Speaker 1

Great. Okay.

29:31 – 30:23Speaker 2

So in Dropbox, I may have put this in for the April 2 meeting, but just my email that went to the interim town manager about kind of a plan that we were suggesting for conservation and for the town. And then there was a budget presentation by the interim town manager on March 16, that's in there. And then, I put Nancy actually sent a letter, I guess letter of support for the department, to the interim town manager. And that's because we have potential layoffs. So there's still potential and the unions, I can't get into it too much, but the unions are in the middle of negotiating.

30:24 – 30:49Speaker 2

I have been told that at the select board meeting on April 27, so Monday, April 27, there'll be another presentation by the interim town manager on where we're at at that point in time. I do know that there's still lots of moving parts. I think there's still information that we're waiting for from the state. So that's

30:49 – 31:14Speaker 2

of where it's at. June 1, the select board had voted for June 1 to be the new town meeting date instead of April 27, which it originally was. So, you know, the timeline's moving fast only because, of course, for town meeting, the select board is gonna have to vote on the warrant for the town meeting. That has to get published two weeks before town meeting. So that's like the May.

31:14 – 31:35Speaker 2

And of course, have Memorial Day in there too. Too. That's of where we're where we're at right now. But, yeah, I can't talk about any, like, personnel specifically because it's going through the unions. That's that.

31:36 – 32:08Speaker 2

Conservation lands, can just touch on quickly. Peconi Farm, that attorneys have been going back and forth about the license agreement for the haying of the property, maintenance that Rich Peconi Jr. And Anders Martinson the fourth would be interested in helping us with. So, you know, there's just I provided my comments the other day. So hopefully we can get a final draft pretty soon and that can get signed.

32:08 – 32:35Speaker 2

So I'll bring that before all of you when that's ready. And then quickly, the Stony Brook Dam at Pratt Farm. This is because it's going to be reconstructed very soon. We're going to be doing the RFP soon. Right now, the archaeological survey is going to be happening the week Suzanne from the public archaeology lab said probably the week of the twenty seventh, they'll start doing that.

32:36Speaker 1

Broadmens Museum of Archaeology is having an archaeology fair on the twenty seventh. Did. Did see Which sounded great. It would

32:42Speaker 1

nice if they could Tend to coordinate it I mean, it's kind of interesting to see archaeology in I action in

32:49Speaker 2

can let them know. Yeah, honestly.

32:54Speaker 1

Because they were having a lot of hands on stuff and plans and what's more hands on than the actual real big.

33:07 – 33:51Speaker 2

Okay. Excellent. Yeah. So all that paperwork has been submitted to Mass Historical Commission. They also notified the tribal communities. And so it's yeah, it's all in process. Yeah. They already heard back from Mass Historic, so that's why it'll be ready to start on the twenty seventh Great. Or that week anyway. It's moving. Yes. And I didn't put it up here, but we did tell the Sanborn map that the Pratt Farm map is final. Katie and Darren have been trying to put it on the website, but we need to get another format because it doesn't accept PDFs on the website. Why?

33:53 – 34:17Speaker 1

It's the basis of so many things. We'll meet as a step. At least get a PDF on there so people can print it at home or whatever. But then, yes, hopefully, you'd like it to be.

34:21Speaker 5

I was going to say that's how the other map is.

34:23Speaker 6

Like a link?

34:24Speaker 5

Yeah, you can download it.

34:26Speaker 1

Yeah, because then you could, yeah, if they have a link they can still download on their phone and follow it while they're walking. It's

34:32Speaker 3

Because you can't, if it's just a photo, can't click on it and necessarily print it out as easy as a PDF would be.

34:40Speaker 1

Right. So we can try that.

34:42Speaker 3

Maybe start with the PDF.

34:43Speaker 1

Start with the link.

34:45Speaker 3

And then get the photo on there eventually.

34:48Speaker 2

Right. Or do a QR code or something. Yeah.

34:57 – 35:31Speaker 1

Great. Alright. We are at 07:15. We are at item number three, the notice of intent for off Dispeakin Street and 23 Gibbs Road for Camp Avoda. The Middleborough Conservation Commission will hold a hearing under Mass General Law Chapter 131 Section 40 of the Wetlands Protection Act for the construction of a 100 foot by 165 foot athletic field within 100 feet of a bordering vegetated wetland off Tispequin Street and 23 Gibbs Road, Map 72, Lot 1668 And 2253.

35:31 – 35:47Speaker 1

Hearing has been requested by Camp Aboda Inc. Hearing will be held 04/16/2026 at 07:15PM in the Select Board Meeting Room at the Town Hall 10 Nickerson Avenue, remote. Before we start, do I have a motion to vote into the record a revised page one of the notice of intent?

35:48Speaker 1

Motion by Bart.

35:50Speaker 1

Second by Jerry. All in favor, roll call vote. Nancy, aye. Kerry, aye.

35:54Speaker 5

Jerry, aye. Bart, aye.

35:56Speaker 1

Hi, Anna. Great. Hi.

35:59 – 36:26Speaker 6

Hi. Greg Drake from Uplic Engineering representing Camp Avoda. The applicant is proposing to add a new athletic field, 100 by 165 to their summer camp facility on Gibbs Road. The new field is located on both the Tippis Quinn property and the Gibbs property. Most of the work is located within the 100 foot buffer of wetlands on-site and to the north of the property.

36:28 – 37:05Speaker 6

As part of the project, there's an existing drainage ditch, that they're planning to put a pipe in and fill over. It'll still run, but it, make it easier to put the field in. Now the work encroaches in the 25 foot no touch. We've proposed conservation signs and a post and rail fence in designated areas to prevent or deter people from going into the buffer zone. And there's silt fencing for erosion control all around the edge of the property and the work is the limit of work on the project. And I open it up to any questions you may have.

37:05Speaker 1

Okay. Trish?

37:09Speaker 2

Guess one of my questions is, so how did you determine it was a ditch and not in an intermittent stream or perennial Straight,

37:19Speaker 6

you know Okay. Dug and pretty much looks very man made, and there was no water running through when I was there, and that was I forget why we did that. But

37:29Speaker 6

But you certainly can go take a look, but it's

37:32Speaker 2

Yeah. I thought that, if it was connecting to resource areas, it would be at the very least an intermittent stream.

37:39Speaker 6

Looks like a drainage ditch sheet, but you can take a look seems to at connect

37:42Speaker 3

to on this area, so then

37:43Speaker 1

it's connecting because you're maintaining the connection with the 136 foot long 12 inches pipe.

37:47 – 37:58Speaker 2

If it's connected on both ends, then it is a resource area also because you have a hydrologic connection. Just I'm just putting it out there.

38:00Speaker 1

And so you haven't seen it yet?

38:02Speaker 2

No, I haven't been out there. I figured maybe you might want to do a Okay. Commission site

38:07Speaker 6

You look at it by eye and it looks like it's stuck.

38:12Speaker 1

Is that long? I mean, I don't have many reference points for that. But is that long for a 12 inches pipe, 136 feet in terms of maintaining it?

38:20 – 38:32Speaker 6

No, that should that should be fine. It wasn't letting a lot of flow. I don't know what there is in the spring. I mean, maybe that's why it'd be good to go out there and look at it. You know? I don't

38:32Speaker 1

know. Carrie?

38:37 – 38:49Speaker 3

Mean, other than that, it looks pretty straightforward. Yeah, we probably should take a look at it to see what's going on there. Jerry?

38:50Speaker 5

Yeah, agree. Site visit is needed.

38:56Speaker 3

like site visits. He does. Diane?

39:03Speaker 1

No questions. Okay. So if we can continue oh, any questions or comments from the public? Thank you. Oh, terrific. If you can come up and just state your name, great.

39:15 – 39:42Speaker 8

My name is Darlene Anastas. I live at 17 Gibbs Road which is directly impacted by this. And I've written a little statement and I have a copy for you as well. Thank you. I strongly recommend that the commission denied the proposed construction of a playing field in the sensitive wetlands area located on Campo Voda's property adjacent to 17 Gibbs Road.

39:43 – 40:34Speaker 8

This area is predominantly wetland featuring diverse wetland vegetation, seasonal ponding, muck and a flowing stream. The combination of wetland and woodland serves a critical habitat for various local wildlife species including fox, deer, coyote, spotted turtle, fox turtle and snapping turtle as well as owl, hawk, eagle and wild turkeys. Many small mammals also inhabit this area. I have personally observed turtles establishing their spring nesting sites in the areas surrounding the pond favoring the shadiest portions of the woods and also in the tall grass. The properties at 17 And 23 Gibbs Road traverse a large wetland area with the marsh and spring fed pond.

40:34 – 41:27Speaker 8

The latter feature is located primarily on 17 Gibbs Road and drains into Tisbahcun Pond between via an ancient agricultural ditch. This pond supports frogs, salamanders, and wild ducks as well as the aforementioned spotted box and snapping turtles. The proposed field would be only 11 feet from the property line risking disturbance to this delicate ecosystem. Protecting these wetlands is essential. Should this project proceed, I have additional concerns including contamination of groundwater affecting private wells, use of chemicals and mosquitoes spraying, which has already harmed my bees, light pollution and noise from loudspeakers, which negatively impact neighbors and wildlife.

41:27 – 41:41Speaker 8

In addition, I am concerned about trespassing onto my property. Thank you for your attention to these critical environmental and community concerns. And I have a copy. Thank you, Najita.

41:42 – 42:00Speaker 1

Saves the note taking. You very much. All right, any other questions or comments from the public? Any questions? We'd like to go out and see it because of that ditch connection, we're making that our next step. We're not going to decide anything tonight. Everyone has wanted to go see it in person as a site.

42:00 – 42:22Speaker 8

Yes. The property was part of the Wixton Farm a long time ago. And it was also that pond is a very the pond that's on my property and also on a Vogtus property, it goes spans both of them is very it's always there's always water in it and it's very deep.

42:23Speaker 3

Is that connected to Tess Bikwin Pond?

42:27Speaker 8

It's not directly connected. It's independent. It's on 17 Gibbs Road and it goes into 23 Gibbs Road.

42:35Speaker 8

It spans the the property line.

42:39Speaker 1

Okay? Thank you very much.

42:41Speaker 8

Thank you. And I would love it to know when you plan to Yeah,

42:45Speaker 1

we don't. We I don't know how that stands because Campo Vauda is public but it's still private.

42:50Speaker 2

Yeah, they would cite this.

42:51Speaker 1

We have permission to go on but don't necessarily have permission for other people to join us. If that makes sense.

42:55Speaker 8

Right. But if you're gonna come on to my property to look at the pond, would like to know if you're

43:00Speaker 1

gonna Oh, come yeah. Okay.

43:02Speaker 8

And my phone number and contact number is

43:06Speaker 8

Information that's there. Thank you. Thank you. Thank you.

43:09Speaker 1

Okay. So, do you want to set up a site visit right now?

43:12 – 43:32Speaker 2

Yeah. Always works. Let me get my We don't need it. Do we need, well, do

43:32Speaker 1

we need anything marked out beforehand? Yeah. Did you You

43:37Speaker 6

haven't staked anything yet.

43:39Speaker 6

So we can do that.

43:40Speaker 2

That would be great. Yeah. Just take

43:42Speaker 1

the four corners or the Yeah.

43:43Speaker 6

And they're you know, that's they've got a gate and everything, they need to I got to go back to them and let no updates that you guys can do it.

43:51Speaker 2

So Oh, yeah.

43:51Speaker 6

Know. Because there's not always someone there either.

43:53Speaker 6

Right. During this, it's off season.

43:55Speaker 2

Yep. Okay. And we can do I mean, do you think

43:57Speaker 3

it's easier for them and you

43:59Speaker 1

guys to do during the week, after five or weekends, mornings?

44:07Speaker 6

Probably during the week after five. Okay. I think.

44:10Speaker 1

And if have the sunlight, we can do that now.

44:12Speaker 6

Yeah. Finally. Yeah.

44:16Speaker 2

So, I mean, I could do next Tuesday.

44:21Speaker 1

I was just looking at next Tuesday. What? I was looking at Tuesday as well.

44:24Speaker 2

You were? Okay, twenty first.

44:25Speaker 5

Tuesday the twenty first.

44:27Speaker 2

That's good for me.

44:30Speaker 2

Oh, you can't? What's good for you, Jerry?

44:36Speaker 1

How's Wednesday?

44:37Speaker 5

Wednesday is good.

44:39Speaker 2

It's Earth Day.

44:41Speaker 1

How appropriate.

44:44Speaker 5

Thursday is good.

44:47 – 45:00Speaker 3

Week might be a little weird. It is school vacation. Oh, don't have anything, Glenn, right now. I do do things last minute sometimes. But it doesn't matter. Pick whatever.

45:00Speaker 1

Can we say Wednesday the twenty second? Or do we have Earth Day plans?

45:05Speaker 2

No. Those could be Earth I do not. I'll be working.

45:08Speaker 1

Wednesday the twenty second at 05:30? Too late? Wednesday the twenty second at 05:30?

45:15Speaker 6

I will check with Yeah. I think I might not be available, but that doesn't mean Jason can't be there. Okay. Yeah. So Jason you know.

45:24Speaker 2

Do you want another date just in case?

45:27Speaker 6

Yeah. Because I gotta check with Campo Voto to make sure they have someone there too.

45:31Speaker 2

I can't do Thursday because I have a river access subcommittee meeting.

45:36Speaker 1

What about Monday the twenty seventh?

45:38Speaker 2

That's a select board meeting night. Tuesday, the twenty eighth, sorry. I could do the twenty eighth. Okay. Or the twenty ninth.

45:45Speaker 1

Is one better than the other?

45:47Speaker 5

Twenty eighth is good for me.

45:48Speaker 3

'20 for twenty

45:49Speaker 5

eighth twenty So I good can't

45:51Speaker 1

twenty eighth is an alternate date at 05:30.

45:58Speaker 5

So what's the primary date?

46:00 – 46:13Speaker 3

The twenty second. Wednesday, the twenty second. Earth Day. I like it. Hopefully, it's nice out.

46:13Speaker 1

So we'll continue this

46:16Speaker 2

to, May 7 is the next meeting.

46:19Speaker 1

Do I have a motion to continue to the May 7 meeting? So moved. Second. Cari, second by Bart. All in favor, roll call vote. Nancy, aye. Carrie, aye.

46:27Speaker 5

Jerry, aye. Bot, aye.

46:31Speaker 6

Thank you. You.

46:39Speaker 1

Katie, I'm gonna put the the letter the a better letter in there. Alright.

46:49Speaker 5

Because I don't know what. Item

46:58Speaker 1

number four is a discussion of Plain Street conservation restriction. Since it's a discussion, I have no legal add.

47:12Speaker 2

know. Greg, are you here for the CR? No. Okay. Great.

47:16Speaker 1

Very efficient.

47:18Speaker 6

You did send the plan over. Yes.

47:23 – 47:56Speaker 6

I can just give a brief overview if you like. You guys need to look at it first? Or

47:57Speaker 1

We can see it on here. Yeah. You can do I want you to

47:59 – 48:23Speaker 6

for fun taking off. So the so this property, the owner's gonna propose five lots. You guys have already noticed they've been we did the wetland line out there. It was approved by you guys back in June. So since the entire property was within Natural Heritage, we had to file an application with them.

48:24 – 49:07Speaker 6

And that is what bringing on this plan here. We are currently working with them to develop a plan that has the minimal amount of impact on the site and for the five lots, and then, try to protect as much upland and wetland as possible. So after a few revisions, the current plan you see right now is the one we just sent to Natural Heritage, they haven't commented on it yet. And that has like nine acres of total disturbance on the site. And the green area is upland and the other area is wetland, so that's about 58 acres that would be in the conservation restriction as part of this.

49:12Speaker 6

Open up to any questions.

49:15Speaker 1

Where's the nine acres of disturbance?

49:18Speaker 4

What's that?

49:19Speaker 1

You said there's nine acres of disturbance?

49:21Speaker 6

Yes, all where the All the lots. All the lots are. That's nine acres.

49:24Speaker 2

Oh, that's all, okay. All the houses. Oh, no, sorry. I thought

49:27Speaker 1

you meant like, I was I'm interpreting this wetland disturbance.

49:30Speaker 3

Oh. Sorry. I can see the building.

49:35Speaker 1

Any questions or comments, Trish?

49:37 – 49:48Speaker 2

Yes, I have a couple of things. I did talk to Joe Mandeal from Planning today, the town planner. And he said that lots one and two have been approved under Formays with planning? Yes.

49:49Speaker 6

The others have not.

49:49Speaker 2

Yep. And then the three retreat lots have not yet because you were waiting to get through the MISA application.

49:57 – 50:20Speaker 2

So I just want to make sure like he and I were on the same page. And I told him that this was before us tonight so that he knows what to expect. And I said, let's see. Yeah. I said the commission would be they're being asked to accept the conservation restriction under, this plan.

50:21Speaker 1

The restriction and not the land.

50:23 – 50:37Speaker 2

Right. So the people that will own the houses will own the land, but there'll be a restriction layer over it. And then I would assume that there'd be some signage where that CR line is.

50:37Speaker 6

Well, know, get into that kind of detail. Yeah.

50:40 – 51:07Speaker 2

Okay. We have had things similar for subdivisions like Harvestwood Estates, Stone Estates, was down off Marion Road, that map Falconeri developed. I know there's others. Those are the few that come to mind. Paragon. But they have signage at that boundary. Split rail fence sometimes. Harvestwood has a split rail fence with the signs. That's nice.

51:09Speaker 6

Natural heritage will want us to have signs out there.

51:12Speaker 1

We had real issues at Tarragon.

51:14Speaker 2

Yeah, Tarragon was an issue. That that wasn't a natural heritage CR. That was an open space subdivision CR.

51:23Speaker 1

Just But that idea that there's conservation land surrounding Tarragona space, but it's in people's backyards. And no one a stop and start was a real issue. Right.

51:31 – 51:44Speaker 2

Yep. So just to bring that up. Also, is kind of on the side, but I was wondering it looks like you're going to have two ADUs proposed. One on Lot 3 And 1 on lot

51:45Speaker 6

And there's one on

51:47Speaker 6

All the retreat lots have ADUs proposed.

51:49 – 52:01Speaker 2

Oh, okay. Oh, I see. Okay. So that's eight houses. Okay. So my other question is just because I'm on the stormwater committee, because I know this is outside the commission's jurisdiction. Are you going to do stormwater?

52:02Speaker 6

That would be

52:04Speaker 2

With planning.

52:06Speaker 6

I'll have to ask. I don't know if we need to do that for each residential lot.

52:10Speaker 2

Isn't it five? Well, have more than four lots.

52:14Speaker 6

Okay. Well, I'm gonna talk to Jason on

52:17Speaker 2

So find out. Yeah. I'm just bringing it up, just FYI.

52:21Speaker 6

we wanna know ahead of time, obviously.

52:23Speaker 2

Yep. So, I think that's all I had.

52:27Speaker 1

I guess I'm confused. So where are the I see the one, two, three, four, five. Where are the other three?

52:34Speaker 6

They're ADUs, so they're the accessory dwelling units.

52:37Speaker 1

Yeah. I get that.

52:38Speaker 3

So it shows one. No, get one I don't see

52:41Speaker 1

the other ones. I see So

52:43Speaker 6

there's one here. Can see it with all the grading.

52:46Speaker 4

It's back there.

52:46Speaker 3

Oh. Oh, it's not labeled.

52:49Speaker 6

That's maybe you. Yeah. It's labeled here, but it's not labeled.

52:54Speaker 3

Yeah. Just looks like part of the grading plan.

52:57Speaker 8

So why are we calling like

53:00Speaker 1

so this retreat lot would belong

53:22Speaker 3

So how does a retreat lot work? What are the requirements to get that in there without the frontage?

53:30Speaker 6

Because it has the frontage of 40

53:32Speaker 1

or 50 feet that

53:34Speaker 6

then it needs so many thousand square feet of

53:41Speaker 6

it's meeting all the requirements for tree plot.

53:43Speaker 3

So why is the wetland portion not part of the conservation restriction?

53:49Speaker 1

It is. It is? You're just highlighting the upland.

53:52Speaker 3

I'm highlighting the Okay.

53:53Speaker 2

Right. Okay.

53:59Speaker 1

Anything else,

54:00Speaker 2

Trish? No. I just was going to ask about the acreage, but it's up at the top of the plan.

54:06Speaker 6

Yeah. All the numbers are

54:12Speaker 5

How is Lot 5? What is that?

54:15Speaker 3

It's connected right here with this very narrow. So that's five, narrows down, opens back up.

54:24Speaker 5

But how do you access it?

54:26 – 54:41Speaker 3

Right here. That's just an imaginary line. This green line is just where the conservation restriction starts. So right there, you can walk that way. But it's just a very narrow

54:42Speaker 5

It's narrow a little driveway?

54:43Speaker 3

It's just not even

54:44Speaker 6

a It's conceptual too. You're just at a point. Yeah. Because you You know, you're not going into detail. Each lot is gonna be detailed. This is we get to that point. Yes. Yes. Yes.

54:54Speaker 1

Any questions or comments, Carrie?

55:00Speaker 3

That's all I Jerry?

55:04Speaker 5

I'm all set.

55:06Speaker 5

No questions.

55:07 – 55:21Speaker 1

Diane? No. All right. So this is just a discussion. So do we have any commentary for you? Just I guess. So it's kind of

55:21 – 55:40Speaker 2

whether you want to accept the conservation restriction or not. That's tonight's decision? Well, I mean, you don't have to make the decision tonight. It's just a discussion. And then they would have to come back. But I think you guys are kind of in a time do you have a timeframe or?

55:40 – 55:57Speaker 6

No, because this is a draft, which I think is we've sent a draft to them and this is roughly exactly what they're looking for. They haven't commented yet. So it hasn't been totally finalized. If what we wanna do is show it to you and tell them you guys are open to it and

55:57Speaker 1

It seems like everyone's open to it. Think I definitely echo Trish's concerns about marking where that property where that conservation

56:04Speaker 6

because we can re relap leave it to

56:07Speaker 1

That would be great.

56:07Speaker 6

Representative data.

56:08Speaker 1

Boulders are great. The storm water too because Yeah.

56:13Speaker 3

If you have to start adding in storm

56:15Speaker 6

water I don't know. They're individual lots, so I don't know how that's gonna work. We're be sold as that.

56:19Speaker 1

So Yeah. It just started

56:23Speaker 9

I understand. They're

56:24Speaker 1

to do that. Right? I know. Yes.

56:26 – 56:50Speaker 2

Summer Street? Yeah. For what? I'm sorry. Stormwater. Yeah. Yes. They did. After four well, because some of that's in the resource area. True. So that's under our stormwater regs for wetlands protection, But this might fall yes, under it's outside our jurisdiction, but so it might fall under either planning or the stormwater bylaw. Do you want to check the stormwater bylaw?

56:50Speaker 6

Yeah, I'll do that.

56:52Speaker 2

But yeah, if there was if some of this was in the buffer zone for work, then it would be under the stormwater regulations under the Wetlands Protection Act.

57:01Speaker 3

None of this construction is even in a jurisdiction?

57:07Speaker 6

No. No, we're just talking about the cultivation restriction Right.

57:13Speaker 3

Thank you. That's all

57:15Speaker 2

we need for now.

57:15Speaker 1

It's just giving our comments back. Everyone seems pleased. And just that comment about

57:20 – 57:31Speaker 6

So we get a finalized plan and detailed information from the natural heritage and what they're gonna want. I know they're gonna want some kind of signage or something. Yeah. You know?

57:31Speaker 2

And Yeah. And then if you have a draft CR, the actual document

57:36Speaker 9

That's all gonna be put together too.

57:37Speaker 2

Right. And we'll want town council to review that.

57:40Speaker 3

Okay. And they do they usually want fencing also? Like, some sort of

57:46Speaker 9

I don't know. I guess it's gonna be up to it depends.

57:49Speaker 6

I mean, I don't know. Others, I think they've had posts and things like that.

57:52 – 58:09Speaker 2

Some have had posts. I know that the one that's like Stone Estates or whatever down off of Marion Road, they put in these I think they're I'm not sure what material they're made out of, but they're almost like those gas lines. They're flat where they stay on

58:09 – 58:21Speaker 2

line. They use those for the CR markers, and there was a homeowner that stuck one in their recycle bin. And another homeowner called our office and

58:21Speaker 3

Well, that's what I was gonna say.

58:23Speaker 2

That had to be retrieved and reset.

58:26Speaker 6

Reset. Yeah. Yeah. So Take them down.

58:29Speaker 2

I like the split rail fence idea. I'm

58:31 – 58:45Speaker 3

They would like to see something more permanent because we have seen it where the homeowner Or post twenty years later Yeah. Has no idea there's a conservation restriction there. Right. Right. So

58:45Speaker 9

Yep. Full time.

58:46Speaker 2

Yeah. Because I don't want to have like an issue where they start clearing it for they think they're going to have a paddock or something and they're like, nope.

58:54Speaker 6

No. That should be in the deed, but, you know, people sometimes don't read their deed.

58:58Speaker 2

It gets lost and It

58:59Speaker 3

in translation.

59:00Speaker 6

Down the road, a couple of honors. Alright. You know? So

59:06Speaker 6

But we'll put that all together.

59:07Speaker 3

Great. Alright.

59:08Speaker 1

So Thank you.

59:09Speaker 6

Okay. Alright. Thank

59:11Speaker 3

Yeah. They can be moved too. Alright.

59:16 – 59:32Speaker 1

Item number five. The continuation of the request for determination of applicability for 321 Wareham Street. We do have some revised plans to vote in. Do I have a motion to vote into the record revised plans dated 04/09/2026?

59:32Speaker 9

So moved. Motion by Bart.

59:34Speaker 1

Second. Second by Carrie. All in favor, roll call vote. Nancy, aye.

59:38Speaker 3

Carrie, aye.

59:39Speaker 5

Jerry, aye. Bart, aye.

59:41Speaker 1

Diana, aye. Great. Niles, is that what you're on for?

59:47Speaker 9

Yes. Great. Good evening.

59:51Speaker 1

Hi there. Hello.

59:53 – 1:00:26Speaker 9

For the record, Niles from Zenith. So I believe at the last hearing, there was the only concern was that or item that was left open was the fact that, Tricia had not been out to the site. Mhmm. And I believe she's since done that. We revised the plan to add a little some additional erosion control around the cesspool that's out there. And besides that, I believe that's it. Everything else is completely outside the buffer. And I'd be happy to answer any questions that you have.

1:00:28Speaker 2

Trish? Yes. So I went out and did a site visit last week, I think

1:00:36 – 1:00:55Speaker 2

And yes, I just wanted to have more protection around where the existing septic system is going to be decommissioned for the smaller house. So that's what Niles put on the plan. And then everything else is outside our jurisdiction.

1:00:56Speaker 1

Okay. Any questions or comments, Carrie? No. Gerry?

1:01:02Speaker 5

No questions.

1:01:03 – 1:01:22Speaker 1

Diane? No questions. Wow. Do I have a motion any questions or comments from the public? Okay. So we need our traditional RDA debate.

1:01:25Speaker 2

Probably would be a negative three.

1:01:28Speaker 2

I'm thinking, but it's up to you guys.

1:01:36 – 1:01:54Speaker 1

So negative three, if the activity is within the buffer zone as defined by the regulations but will not alter an area subject to protection under the act, then we could add specific conditions. So do I have a motion to issue a negative three determination for the RDA on 321 Wareham Street?

1:01:56Speaker 3

So moved. Motion by Kerry.

1:01:58 – 1:02:33Speaker 1

Second by Bart. Any discussion? All in favor of roll call vote? Nancy, aye. Jerry, aye. Bart, aye. Diane, aye. Great. It'd be great to have that property rehabbed. Is Yeah. It's a wonderful house. 15 bedrooms.

1:02:33Speaker 3

Oh, wow. Yeah. It's crazy.

1:02:53 – 1:03:06Speaker 1

While we are signing, we can do our parade of continuations. Item number six, the continuation of the notice of intent for 64 Benson Street. Do I have a motion to continue the hearing until May 7?

1:03:07Speaker 8

Motion by Second.

1:03:08Speaker 1

Hart, second by Perry. All in favor, roll call vote. Nancy, aye. Jerry,

1:03:13Speaker 5

aye. Aye. Vote aye.

1:03:15 – 1:03:31Speaker 1

Say anye. Item number seven on the agenda, the request for the certificate of compliance for 18 Powen Drive. Do I have a motion to move that to the May 7 meeting?

1:03:31Speaker 1

Motion by Bart. Second. Second by Kerry. All in favor. Roll call vote. Nancy,

1:03:36Speaker 3

aye. Kerry, aye.

1:03:37Speaker 5

Jerry, aye. Bot, aye.

1:03:39Speaker 1

And aye. Item number eight. Do I have a motion this is the continuation of the notice of intent for 18 Cowan Drive. Do I a have motion to continue to the May 7 meeting?

1:03:50Speaker 1

Motion by Bart, second by Carrie. All in favor, roll call. Nancy, aye. Carrie, aye.

1:03:54Speaker 5

Jerry, aye. Bot, aye.

1:03:56Speaker 1

Aye. Number nine, the continuation of the notice of intent for Off Stone Street. Do I have a motion to continue to the May 7 meeting?

1:04:06Speaker 1

Motion by Gerry. Second. Second by Bart. All in favor? Nancy, aye. Gerry, aye.

1:04:10Speaker 5

Gerry, aye. Fad, aye.

1:04:12 – 1:04:24Speaker 1

Diane, aye. Item number 10, the continuation of the abbreviated notice of resource area delineation for 253 To 259 Wood Street. Do I have a motion to continue to the May 7 meeting?

1:04:25Speaker 1

By Gerry, second by Bart. All in favor, Nancy, aye. Gerry, aye.

1:04:28Speaker 5

Gerry, aye. Bot, aye.

1:04:32Speaker 1

Item number 11, the continuation of the abbreviated notice of resource area delineation for 525 To 529 Wareham Street. Do I have a motion to continue to the May 7 meeting?

1:04:42Speaker 1

Motion by Kerry, second by Jerry. All in favor? Nancy, aye. Kerry, aye.

1:04:47Speaker 5

Jerry, aye. Bot, aye.

1:04:49Speaker 1

Diane, aye. Item number 12, the continuation of the notice of intent for 177 Summer Street, Parcel A. Do I have a motion to continue to the May 21 meeting?

1:04:59Speaker 1

Motion by Kerry, second by Bart. All in favor? Nancy, aye. Jerry, aye.

1:05:03Speaker 5

Jerry, aye. Vatt, aye.

1:05:21 – 1:05:39Speaker 1

So we're just down to agent, right? I think so. So we have

1:05:42 – 1:06:08Speaker 2

everybody ready? Yep. Okay. So under chapter 61 a Thompson And Precinct Street, we have a Ed came in yesterday. I think it was yesterday. I don't know. Anyways, he was in this week and he signed the purchase and sale agreement for the fox turtle stuff.

1:06:09 – 1:06:22Speaker 2

So that was good. And I've already talked to Jim, who's the assistant to the town manager, about getting this on the select board's agenda because they also have to sign it. So it's interesting because we don't sign it, but the select board has to sign it.

1:06:22Speaker 1

It is interesting because we can't spend money?

1:06:26 – 1:06:44Speaker 2

Well, because it's like It's a town It's a town property, but then it's under the care of conservation. Anyway. Turtle Town lives. Turtle Town's happening. And so the May 4 select board meeting, that's when it would be on for because the twenty seventh has a lot. You

1:06:45Speaker 1

don't want to get messed up.

1:06:45 – 1:07:12Speaker 2

I was like, don't want to disturb that meeting. And then in here, you'll see the appraisal. We received that, and I told Ed about it. I have to send this to the Nature Conservancy too, but that came out to $600,000. It ended up that the appraiser didn't you didn't appraise it for like development. He appraised it as conservation land,

1:07:13 – 1:07:28Speaker 2

was interesting. So he used comps for other conservation land that's been protected. Only because we had a sketch of what the layout could be subdivided for construction, but it never was it never went to planning board. So he didn't feel comfortable

1:07:28Speaker 3

utilizing that.

1:07:31 – 1:08:12Speaker 2

So I thought that was interesting. But, yeah, we're making progress. And Okay. 64 Benson Street. I I know that they're still working. There's nothing in there. They're still working on gathering information for their purpose of restoration of the cranberry bogs and wetland change areas. So that's why it's been continued, you know, the notice of intent has been continued as well because that all kind of has to come together. Let's see. 625 Wareham Street, that is actually can be taken off here.

1:08:13 – 1:08:28Speaker 2

I went out and met with the owner. He finally, the tenant was finally finally moved off the site and cleaned it up. You know, everything looks good. I didn't see that the any disturbance in the wetlands.

1:08:29 – 1:09:11Speaker 2

the wetlands are, you know, at least a 100 feet away. So that was good. Tispequin Street I mean, Tispequin Tispequin Pond. That just nothing's really happened, but we did get an email from the I think it was the director. Yeah. Director at the Middleborough branch of the Y. They've been kind of a partner on this because of Camp Yemekis' on Tisquoon Pond. She's taking another position, so she just wanted to let us know that. So we wished her well. So we'll see who the new director will be and then we'll make contact with them and move on.

1:09:12 – 1:09:34Speaker 2

On the mask at Reverb, so I have I don't have it in Dropbox. I just didn't have time to scan it, but I just wanted to show you all. This was at the I mean, at the Heron Festival on Saturday, but this is a draft of the what will be the sign at the Willow Fence at Oliver Mill Park. Oh, that's great.

1:09:35Speaker 6

So I don't know

1:09:35Speaker 1

guys wanna look at it. So

1:09:40 – 1:10:20Speaker 2

I thought that was pretty cool. Let's see. 47 Benson Street. Ed did pick up the enforcement order when he signed the purchase and sale for the other things, so that's he already actually started working on restoring, so I'll set up a site visit with him to look at that. And then 5 Bryant Circle, this was a complaint we received, a little while ago.

1:10:21 – 1:10:58Speaker 2

And I went out there today. It looks like, you know, there was a little bit of activity near the isolated wetland that they have. And I just told them to discontinue doing that. It's not like it has a 100 foot buffer zone. It's not a bordering vegetative wetland. It's an isolated wetland. So it's really non jurisdictional. I don't even think it's ILSF, which is isolated land subject to flooding. But I told them under the select board as the water commission that there's still a 25 foot no touch from that. And so they agreed to stop activity there.

1:10:58 – 1:11:14Speaker 2

And I said, probably be good even to put a fence around it. That's what they're very nice. They're very cooperative. I just, you know Go back to most people don't know. No, they don't. Is there let's see. What's that?

1:11:14Speaker 3

This is it in the picture? The isolated?

1:11:21Speaker 1

The one with the vents.

1:11:24Speaker 2

Not I thought the so I took pictures first of all this manure. That's because we had all that rain last night. So that's not actually

1:11:33Speaker 2

It's this other one that

1:11:35Speaker 2

Yeah. If you I don't know if I got the wetland flag. Like wooded?

1:11:43 – 1:11:59Speaker 2

Yeah. You can see, like, a truck in the background. Yes. Yes. That's that isolated area that was on a plan. Yeah. I put the site plan in here. So you can see I mean, it was flagged, like, a couple years ago.

1:11:59Speaker 3

Oh, okay. Oh, yes.

1:12:05 – 1:12:47Speaker 2

And then there's cranberry bogs, but there are activities outside of that. Just moving on to 0 Cedar Street. I went out there today. I actually ended up seeing the the owner of the property. He had the wetlands flagged. So this is one where they cut the trees. This had been an old file that the commission denied. It never got appealed to DEP. And then there's, like, been a new owner for the past couple years, and he cut the trees, I don't know, several months ago before we had all the snow. So he put in some silt fence in one section.

1:12:47 – 1:13:18Speaker 2

I told him he has to put more silt fence. And he's working with PMP Engineering out of, consulting out of East Bridgewater. So he wants to build a house there, so he does wanna come back with a proposal. Probably gonna need to do wetland restoration and 25 foot WRPD no touch restoration. So and then the Plimpton so it's on the Plimpton line. So the agent from Plimpton, he was gonna be out there after me.

1:13:19Speaker 3

Well, it's nice we have the prior plan with

1:13:21Speaker 1

the wetland markers that have peer reviewed too. So it's nice that we have that to go with because when you tear everything down like that, it's a

1:13:27Speaker 4

little harder.

1:13:27Speaker 2

Yeah. Exactly. So and I don't think we even had the wetland line resolved.

1:13:31Speaker 1

No. And they never did.

1:13:33Speaker 2

Right. And it just kept getting continued, and so it was, like, lack of information.

1:13:36Speaker 1

Yeah. Yeah. But I remember the peer reviewers' basic statement was I disagree with every flag.

1:13:43Speaker 3

it was denied. The line was denied?

1:13:46Speaker 2

The whole project was denied.

1:13:47Speaker 3

Oh, so there was a project

1:13:48 – 1:14:09Speaker 2

It was a house proposed then too. Yeah. So maybe that gets peer reviewed again too. But you can wait till that comes in. 401 Wareham Street, I don't have anything in Dropbox, but I did I did make a phone call and left a message to set up a site visit.

1:14:09 – 1:14:51Speaker 2

So hopefully, that will happen soon. 282 Wareham Street, this was a complaint recently, and I just sent another email to Bob Whelan, who's the building inspector. I sent it also to Josh Porter, who's our mental health director, and Joe Perkins, our interim town manager. It seems like there's some overlapping things here. There's people living out in campers. There's a lot of debris. DEP might need to get involved as far as like the solid waste division. And then of course the health department. So Kayla Smith is our health director. She was notified.

1:14:51 – 1:15:15Speaker 2

So I'm just trying to organize a site visit for now. Eight thirty nine Plymouth Street. This was a message from Jerry, commissioner Jerry, on April 3 about a pipe that was going into Savory's Pond. So I looked up who the owner was. I went out there on April 6.

1:15:16 – 1:15:48Speaker 2

I took a picture from the street, and I sent a letter to the owner to contact us. I think there is a solution. If it's a sump pump pipe, I think what my recommendation is is to have them shorten the pipe and then maybe make an air you know, like a little basin area with some riprap so that that water isn't going directly into the pond. Because you can't do that. Right. Like a pretreatment area. Yeah.

1:15:52Speaker 5

When did you send the letter?

1:15:56 – 1:16:25Speaker 2

I sent the letter on April 10. And Rose Ridge, this is a subdivision that's proposed off of Highland Street. All the work is proposed outside the 100 foot buffer zone. They did come to us for a wetland line approval. It was peer reviewed by Lucas Environmental.

1:16:26 – 1:17:00Speaker 2

It was approved. And now it's going before the planning board for a subdivision. They as part of this subdivision proposal, it's not natural heritage that's causing this, but because it's considered an open space subdivision, so like a cluster subdivision where the lots are smaller than what's zoned typically zoned there. So they're gonna have some open space around the subdivision that they would like to donate to the Conservation Commission. So it would not be a purchase.

1:17:01 – 1:17:57Speaker 2

We went through town council for, you know, review of this information, and she had asked for title exam. That information came from the developer's attorney. And let's see. So the last email was I sent some information back to her and the interim town manager and Joe Mandeal, who's the town planner, about going ahead with the the plan that you know, for the planning board to sign the plan that they have, showing where the open space is. Also, I had talked with the attorney about they had done an environmental site assessment, a phase one, which is really a desktop survey, all the information that maybe DEP has and others.

1:17:58 – 1:18:13Speaker 2

So I'm waiting to get that back to us. But she also wanted a draft deed. So this is kind of ongoing, but now you all didn't vote to accept the open space yet?

1:18:14Speaker 2

I think it was to do the maybe it was with the due diligence.

1:18:18Speaker 1

Yeah. I think we said we would dip. So the whole question was, do we want it? And we decided

1:18:22Speaker 2

Pending due diligence. I think that's what it was. Due diligence, meaning getting

1:18:26Speaker 1

the title exam and all that.

1:18:27Speaker 2

Yeah. Okay. Alright. Just making sure. Yep.

1:18:32Speaker 1

Okay. So that's that. And then

1:18:34 – 1:18:53Speaker 2

Wareham Street Dam, the group that is meeting about this, has been meeting about this. We had another meeting on April 6 via Zoom with the water superintendent, the interim town manager, DPW director, town engineer, assistant

1:18:53 – 1:19:30Speaker 2

the town manager, Serpid, and Horsely Witten Neil Neil Price from Horsely Witten Group and Maria Gabriel from The Neach Conservancy. So you'll see in the follow-up email that we you know, they're still wanting a drawdown monitoring test to be done. We haven't been able to do that because of water levels, time of year with the herring. The herring were very the fry, the juvenile herring, were very late swimming back. So it was like getting into November.

1:19:30 – 1:19:48Speaker 2

And you really need two months to do this drawdown test. Mhmm. So that the drawdown test means that the bascule dam at the Wareham Street Dam would be lowered completely so that all the water would drain. So you wouldn't have it wouldn't be functioning as a dam. You'd have it completely open.

1:19:49 – 1:20:25Speaker 2

So you can look at the effects and the flow because they're concerned with the East Grove Street well. So if like you remove the dam, is that going to affect that well? And of course, the town the water superintendent is very concerned about that because there's like $36,000,000 being being put into the upgrade there. So that drawdown test might end up happening fall or winter of this coming year, summer or fall or winter. The other things is to investigate possibly a new well once they have the drawdown monitoring data.

1:20:27 – 1:20:48Speaker 2

So that would mean like they would drill another well at East Grove Street, like a supplemental well. In order to pursue additional funding, assure funders a town statement will need be needed supporting dam removal provided any potential negative impacts to the well can be avoided. So that's like the last thing if we can do all those.

1:20:48Speaker 1

The herring commission is good with this?

1:20:51Speaker 2

Well, the Haring Commission has to be involved as well.

1:20:53Speaker 1

Have they been involved so far?

1:20:55Speaker 2

They know about the drawdown test, but we haven't been able to it hasn't been able to be implemented.

1:21:01Speaker 1

No, don't mean about the drawdown test, but they're on board with getting rid of the dam hypothetically if the drawdown test

1:21:06 – 1:21:27Speaker 2

Well, it would benefit the fish. Just Ultimately, they wouldn't have the fish ladder anymore. So Right. You know, they wouldn't be able to count them at that location as easily. Yeah. I think the goal is to get rid of dams even though we're keeping the one at Pratt Farm, but yeah, to have better fish passage.

1:21:29Speaker 5

90,000 dams in The United States.

1:21:31Speaker 2

Yeah, I believe it. Well, maybe more if you count all the flumes and stuff at Cranberry Box.

1:21:38Speaker 3

Yeah. So how does that work with the drawdown test? Do they divert?

1:21:47 – 1:22:08Speaker 2

No. So they're basically the bascule dam. So, like, you know, it's the dam that blocks some of the water. They're only letting through some water. Right? Depending on what the water levels are, they adjust it. Mhmm. This drawdown test would be like you're opening the Bascule Dam completely. It would be completely opened.

1:22:08Speaker 3

So is there boards, like, in there?

1:22:10Speaker 2

Is there any different

1:22:11Speaker 3

type of mechanisms?

1:22:12Speaker 2

Yeah. There's, a mechanism. It's not boards, but

1:22:14Speaker 6

It's like a piston.

1:22:16Speaker 5

Yeah. There's a little brick building.

1:22:19Speaker 5

And it's got that green piston that sticks out.

1:22:22Speaker 3

Okay. That would crazy. Might

1:22:25Speaker 5

be able to find my fishing rod that I lost in 1980.

1:22:28Speaker 2

Right. Maybe.

1:22:29Speaker 5

My rubber boat sank.

1:22:32 – 1:22:44Speaker 2

Maybe. Yeah. Mhmm. We'll see. Right? But, yeah, it's just to do, like, to look at the flow, and they do a flow test, and then look at it, you know, at various points up the stream.

1:22:44Speaker 3

See how it affects the Down. The well. Yeah.

1:22:50 – 1:23:28Speaker 2

Yep. So pretty interesting. I have good news. I mean, I wish this money could be used for our budget. But, anyway, there were letters that went out. You had allowed me to send I had to send some last minute. It was almost like a spending request for senate to the senate. And it was this whole online portal I had to do. It was just kind of trial by fire. But anyway, it got sent.

1:23:28 – 1:24:10Speaker 2

And there were others that also sent in favor of getting money earmarked for the Assamamsted Pond Complex in the projects that are supposed to be done there, which would be redesigning the Assamamsted Pond Complex Dam and the Namaskat River Channel restoration project, which would be removing sediment and narrowing the channel there so you have better flow. So we have supposedly $5,000,000 for that earmarked, but it has to still go through the governor to approve the funds. So by July, we should hear. So I thought that was That's great. Pretty good.

1:24:11 – 1:24:41Speaker 2

One silver lining. Yep. Okay. And then 504 And 508 Wareham Street, this was the appeal to DEP. I went out to the site visit on April 8. There were several neighbors there. There was their representatives there from, I think it was, it's, I can't remember the whole name.

1:24:41Speaker 3

Yeah. So the Butters Postal Reign?

1:24:44 – 1:25:01Speaker 2

Post no. No, the environmental group that did the appeal. Oh, wow. It's Megchins. Yeah. Yeah. Her group. So she had two representatives there. It's some coalition. Yes. Sorry. I don't mean to be like, I don't know. I just don't

1:25:01Speaker 1

have information in my head

1:25:18Speaker 2

That expired Mhmm. To resolve that. Mhmm. The second amendment was to add the riverfront area information.

1:25:26Speaker 1

And that was just the administrative part?

1:25:27 – 1:25:59Speaker 2

That was it was left out by accident. So they're they stated at the site visit they're not addressing the original order of conditions that was issued in I think it was July. Just those amendments were appealed, not the original order. So the abutters spoke their concerns and why they were appealing. The coalition wanted a cease and desist in an enforcement order with a wildlife habitat evaluation.

1:26:01 – 1:26:16Speaker 2

They said harm to the environment, want negative superseding order of conditions. I think she meant denied superseding order conditions. And then talked about the WRPD bylaw. Abutters filed an appeal with Land Court for that.

1:26:17Speaker 1

That's going back to the original order conditions. That's not the amendments, those arguments.

1:26:22 – 1:26:44Speaker 2

No. So the WRPD bylaw, they filed a separate appeal with Land Court. So that's the select board's permit. There were concerns about buried tires and concrete, other debris from ocean that this company would be bringing in that would be leaching into the wetlands. Shane Oates was there, the engineer, he went over project plans.

1:26:48 – 1:27:01Speaker 2

Yeah. So we we talked about some other mechanisms to deal with the replication. DP has to get back to me because they have to talk with their counsel about because it's very it's complicated. They don't see things like this usually.

1:27:01Speaker 1

Oh, it's very it seems. Yeah.

1:27:02 – 1:27:15Speaker 2

So it might be that, like, we withdraw our appeal I mean, our appeal our amendment for the replication, and then that gets dealt with under an enforcement order instead. So DP has to get back to us.

1:27:16Speaker 1

Have you heard back on the 148 Flemish Street appeal? Because he was gonna do it by April 15. No. I have

1:27:22 – 1:27:48Speaker 2

not heard back about that one. Thank you. No. Not yet. Maybe soon. And I think that's all I have. Oh, maybe one other thing. If anybody else wants to write a letter to the interim town manager supporting our department, that would be wonderful. Can send an email. That's fine.

1:27:48Speaker 1

No, that would be useful. Because I really think I mean, he's been put in a tough spot for an the interim town manager.

1:27:54Speaker 2

Oh, think so. He's been

1:27:55Speaker 1

very clear about not wanting to impact the people of the town of Middleborough. I think

1:28:03Speaker 2

With services. Yeah.

1:28:04 – 1:28:20Speaker 1

It's tough with the Conservation Commission, because like I said, the regulations are so complex. I don't know how you do without the clerical staff of the Conservation Commission. I had to deal with it myself personally with my parents and some old stuff in a different town. I've been on this commission for seven years.

1:28:21 – 1:28:37Speaker 1

I I was boggled truly and frustrated. And it took me three visits So to the registry to get it to say how much work they had and how much it would impact the people in town to try to do things with their houses or bring businesses in, which we want to

1:28:37 – 1:29:41Speaker 2

do, would be huge. Well, think we would have I mean, from different angles, but I think, you know, if you don't have adequate staff, there are delays, which also will delay construction projects that bring in revenue to the town. So like we don't directly bring in revenue for the town because our the town's share of the wetland filing fee account from the state permits goes into its own account that under Department of Revenue can't be turned over to the general fund. And then we have the fees under a separate bylaw that's a revolving account that can be used for administration and those things as well as the wetland filing fee account that supplement salaries that deal with Wetlands Protection Act business. But I think also you'll have more enforcement issues and that will overwhelm the town, could end up being legal matters that then you're paying for legal representation

1:29:41 – 1:29:55Speaker 2

answer is an easy question. Right. Rather than at the very beginning encouraging people to come in with their questions, and we're able to provide that service so that they can find a pathway through the permitting process. And

1:29:55 – 1:30:10Speaker 1

I think one thing I've been also the land manager, which is a new position to the town, but we have over 900 acres of conservation land in town. And my big pet peeve is I want those lands available to the people in the town of Middleborough because we paid

1:30:10Speaker 2

for them. They contributed money.

1:30:12 – 1:30:32Speaker 1

They contributed actual dollars. And we should be able to use them without someone being able to manage that. Even if you get volunteers, it takes work to manage volunteers and get it done. So I think that's going impact the people of town if they don't have that ability. Right. But sooner, if you're going to write a letter, sooner rather than later. Okay.

1:30:32Speaker 2

So thank you. Good idea.

1:30:37Speaker 3

Alright, any the name of that coalition, community, land, and water coalition. Okay. Inc.

1:30:45Speaker 2

Yes. I couldn't remember it.

1:30:48Speaker 1

Any commissioner reports?

1:30:53 – 1:31:09Speaker 5

Park department and Taunton River Watershed Alliance sponsoring the canoe race this Saturday. Fun. Taking off at Old Bridge Street, Middleborough Lakeville Line, I think, at 11:11 o'clock.

1:31:09Speaker 3

This Saturday? Haven't seen anything about it.

1:31:13Speaker 5

Oh, now you know. Yeah. So the finish is at Oliver Mill, Mondale.

1:31:20Speaker 1

And I heard you say we are setting off at Old Bridge Street. Does that mean that we

1:31:25Speaker 5

I'm not racing. I'm not racing. I used to be. But I'll be there

1:31:35Speaker 5

finish, tabling, selling cool hats.

1:31:46Speaker 1

Anything else for anyone? Thank you for Trish and Darren having the table at the Herring Festival. Beautiful weather for the Herring Festival. That was nice. Mean,

1:31:57Speaker 2

little wind, but that's Okay. It was sunny.

1:31:59Speaker 1

That worked out great.

1:32:00Speaker 5

Better than last.

1:32:01Speaker 1

And thank you for the surprise visit from some ducklings for people to see.

1:32:07Speaker 2

Thanks to Diane. Yes. Thank you all for stopping by.

1:32:12Speaker 1

Martha and Snoop Dogg came by. Do I have a motion to adjourn?

1:32:20Speaker 3

So moved. Motion by Kerry.

1:32:21Speaker 1

Second. Second by Bart. Any discussion? All in favor? Roll call, Nancy, aye. Kerry,

1:32:27Speaker 5

Jerry, aye. Bot aye.

1:32:29Speaker 1

Diane, aye. Good night. Alright.

1:32:32Speaker 2

Alright. Thank you.

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.