Inland Wetlands Commission - Regular Meeting

the regular meeting of all wetlands and large commission. It's 6:00 on Tuesday, May 27th, 2025. Uh we did request you move up uh in from home business. The applicant can go to a different appointment. Uh this is uh so number four is uh I'm sorry number three request for extension on permit 21-19 grassy field uh replacement of bridge number 1045 here make a motion to amend this agenda for number three on the agenda introduction here. So, um, thank you for listening. We're, as you know, we're moving ahead with the Grassy Hill Bridge replacement. Um, the current permit, I think, expires in 2026. Um, we're expecting to begin construction in June of 2026. And um our town engineers um Nathan Jacobson would like to have us extend the permit now so that we're not in the middle of a build and have to come for a request. It makes it easier for DOT and everybody else that have a big zipline now. Eric, how long have you for up to five years? So you don't have to go the full five years now. You can maybe come back if you want, but up to you how long you'd like to expect. We could spend up to 20. Oh god, I'm sure lose track of time here. 2031 I think is the the date here. So um and the conditions are basically the same as when we issued the perman. Yeah, you have while here all the original conditions are in place. Um nothing would change. All we're

literally doing is just extending the the uh final date on this from June 11, 2026, June 11th, whatever year you want to make you want to pick within a 5year period. I'll make a motion to extend to the five years. Thank you very much. to see. All right, we'll go back to the so for business application 25-15 240 local road bond uh application to replace an existing pavilion. I don't know that anybody's here for that after what happened out the weapons map to confirm there are weapons on the site. Um they did not give us a map showing that there would be gazebo where that would be. So, we're going to need them to amend the agenda to do that. That said, um my recommendation is you set a sitewalk so you can please go out and take a look and see what we're talking about. Um concentration was hasn't shown up. We didn't do that before the meeting. So, if you guys want to just figure out when to do a sight walk, this is the only one you've got. Anybody have any plans or days that don't work sometime next week? Uh, not next week. I have no meetings next week. So, you want to pass uh meeting at 65. So, next Tuesday, that would be June June 3.

Okay, I will make sure the applicant gets notice. And again, this is the only new lightning you've got. So, um no need then. We know we're going to get there at 5:00 and and that's pretty much it. Pretty sure it's not. Okay. Well, again when we get there we'll get a little a little better. So just so now business we have 225-11 9 road meter uh application for pond maintenance and restoration. Okay. I've given we have here both the new application and the original original application rather in case you want to take a look at that again. What happened last time is that they did not show up at this meeting last time. you guys deny regist they are back in more or less for the same project and I know Mr. really get in particular answer questions. Um, so I don't know if this again anything further you'd like to ask. I know they are intended to receive back to you folks. It's your application. So why don't you come up and talk about it? We hope you will approve our application. You know, Rich tagged it last October and he said it's simply a restoration. There's no good alternative removing sediment that's built up over I think it's 12 years before the wetland and um excess vegetation is impeding the natural function of the function. I think Mike had the most questions about where we're going. Unfortunately, I don't I didn't have a chance when we look at the new application that came in, but I had um a couple of questions that related to how much material was going to be removed and where exactly it was going to be deposited. Okay. And depending on how much you're removing would determine how how deep it would be. That would be one question. Uh the

second question was how would you control as you're doing the excavation in the pond and I'm not sure what this commission does but usually they try to restrict excavation during the low flow period so that you're not dealing with storms and high flows so protect downream property owners from sedation and I recall is there a pond immediately downstream or there I think across the street there was yeah So, you know, that potentially could be impacted by the erosion. So, I'd just like to know what we were going to do to minimize downstream erosion during the excavation of the pond. And then, um I was curious, we should probably I should have said this, but early, but I think I said it before. Um I'm curious as to how deep the depending on where you're deposing the field on the other side. I guess it would be east side of the pond where it may have been dumped before. Um I wanted the soil scientist to just indicate how much fill is over now because that determines whether or not it's no wetland. I think in the sketch I saw in the original, he said it was nonwet and it would have to be 20 in knock it out of the weapon category if they're spill on it. But maybe that's the case. I just don't know. It was wet. I was out there and I wasn't able to get out there on the 19th. Again, most important though is controlling siltation as you're excavating down the streams. You want infection downstream neighbors. Where's it going to go? How deep is it going to be? And that determines kind of how big your area is.

Well, talked about taking it only down to make to having water level three feet, right? So that keeps some of the vegetation down. Um, and it's not going you're not digging out the whole piece, just that upper. I don't know, like maybe a third shed where it goes. Rich suggested putting on that high area that was shown on your map here. Um, we could certainly put some on the other side. It could help with the flooding that comes out of the pond toward this wall. Does water run out of it in like the summer and the summer gets dry? Does water run out of Does run out of the pond when it gets dry? Yeah. A little. I mean, you know, it's getting to the point where if we don't do something, it's going to be a much bigger impact on the people downstream. Yeah. In a way, it's a little bit becoming a meadow. when we pushed to it was a pond and now it's just and and rich suggested as said we're open to you know it doesn't be a beautiful perfect pond it just maybe we leave a chunk of the vegetation or some compromise there it's you know that we just want that we want to put the bridge back was that some work um you evidently have the dogs appear to be walking on the water. I just think we need a more accurate map because it's kind of a sketch now and someone needs to maybe you're you know you can talk you probably talking to excavators they can give you some guidance on how much material is going to come out. Is it 10 yards 20 yards? It depends on the area that you tell them to excavate. I don't have a

good feel for how much you I know it's not the whole pumpkin but how much area you're excavating and then do you have enough room where you're proposing put it and then really the excavator needs to come up with some sort of how do you protect downstream property owners from erosion while you're you know downstream these are pretty standard questions obviously we've been not too in the rainbow raining season. Yeah. during the growing season, you know, that that's something that we may specify. you know, but we could even if we did it, let's say during August, you could still get a heritage during August, you know, not predictable for September. There might be some measures that you would put in, you know, at the the downstream culvert before it leaves your property to catch the sale. But we just want to see what your contractor would propose. We don't expect you to design that. We would expect your excavator to kind of come up with the volume. Where is it going to go? How deep is it going to be? Your experience here. I mean, have you all found that there are excavators that you have worked with that understand the ethos and the guidelines that are people who are expert in doing this kind of work? Um that could answer these questions. Yeah, I don't just because I just moved here years ago and I've only got this commission for us. So, but some of the other members I know Rich is the go certainly comes flagged everything last fall. Um he came out actually about a month

before he was done about 18 months. Um, so we would really like to move it forward and we're willing to do if he have him come that's fine. He didn't have necessarily an excavator to recommend. So we may just start doing our research on that looking toward I know August to do it. Yeah. I don't know what the commission has policy if they had recommended contractors to do various jobs. Generally, we probably don't want to put that in a general rule. We don't recommend specific individuals because we don't want to be accused of favoritism or steering contracts in a particular direction. But I don't have a list of contractors for this purpose that I get given out. We do have a list of engineers and surveyors, but it's got about 15 names on it. And again, we don't have any approval for exe. So, do you have a hard date that you're looking to start or you just trying to get on six months ago? Yeah. Yeah. But we'd like to we'd like to get the bridge raised and you know um you know right now is an active time for you know wildlife. Um so and we can certainly research you know we can call Rick but we can also call excavators and say can you take this material out two probably about you know leaving you know so it's 3 ft deep um and then just 3 ft deep at what time of year? So I'm a little reluctant to try to put conditions on on your permit because I can't answer some of these questions that that Mike is is asking. So I think maybe the route we should take is that might say what these concerns are so that we can answer that and then maybe we can decide as commission to table this until next month. Okay. Mike, do you want to go over what we're looking

for? I think we need kind of a more accurate sketch of the pond even if they, you know, so long as it gives us the approximate size where you're going to dredge. And there is a scale on there's a scale on the Yeah. So they could probably blow that up and um you know trace over that to give So I think what Mike is asking for because you're referring to for lack of a better term upper part of the pond towards the bridge. True. I think we're looking for a delineation line and where how many feet from X are you going to excavate to so that we you know don't come back a month later and I'd like to mark to mark out portion of the club. Yes. And then and then Mike but chefs because I'm sure he is different at different times of year. Yeah. Um and then if I'm hearing Mike correctly where how you know an estimate of how many how much spoils and then where where it's going to go and what depth the soil will be spread at and then then the final thing will be just what are the erosion controls during excavation so we don't get downream and then the spoil areas want to be stabilized fairly quickly without seeing mix or something. But you know, if you have a flood and it doesn't grow the area that you're depositing all the material, if you look at the the rocks that are in the lake, the pond, you can see that the water levels, you know, at least a foot or so lower than it had been.

See? Yeah. Yeah. Yeah. We just don't want to have a pond now and come back later. We don't want to have a pond now and come back and [Music] find the way it was. So I think we've given you a pretty good for next month. We can fine and um is doing nothing. I guess that would be another option. Yeah. When you buy a property, it's a feature and you know that it's a beautiful thing. many creatures living and you want it to be um as healthy as it was when you came there and we know that it's gone through this world and our neighbors have told us about it and they let us know a lot of times too in that I've been involved in judging not individually but reviewing and approving the permit process and other tasks sometimes the applicants on larger ponds they actually build a small sedimentation pool where the stream comes into the pond and so it's a lot easier to clean out that little sedimentation pool in the future than a bigger pond than reappears later. Yours is so small that might not be small and that's all swamp and bo and wetlands there. So that would be disruptive for that area. And the other thing is we don't really want a downstream. They were telling me that the water's all silty and back

in their pump. That's the reason for your own controls and making sure that you at least do the um best practices when you're I would think if you kind of Google con treasures you don't get a list of potential people they would probably do a sketch and because they're going to have to figure out how deep they have to go to get you to three feet. So how much you said it's in there? Why is it the longer we wait to point if you get the information into us? I think we could you know certainly do it in June or July and we'll be ready maybe in August or September. I don't see it holding up. It's just getting the knowledge. Yeah, I will make a motion to table application 25-1 number 25-14 lane gravity road demolition of the existing threecar garage and multi-purpose rooms and construction the 32 by 32 explosive being garage. On this one, you guys are at the sidewalk. There were no weapons to get by. Um, looks like there are within about 30 ft of post activity based on how that looks mapped. So, um, based on email I sent out to you, we've asked them to come in and discussation with you. Um, and so I guess here come

So we we uh at the sidewalk move to have u no jurisdiction because uh the wetlands were 100 ft. you double check later on about 30 ft from the wetlands. Um my understanding is just based on the soil content. So uh it's soils like you took that map and zoomed out you would see that there's actually entire houses within the same field of alumial soil on still land. Um so for me this is more of a technicality because we didn't vote on anything and no build it really should build it. So um I don't have any problem with uh settlement controls uh set forth by the enforcement officer and I would make a motion to do that approval. All in favor? Hi. Thank you. So, we already did number three. So uh with the board 308 for 304 mileitation

plan certified soil scientist have to ask you guys to speak up for me Hopefully not not today. So we submitted a litigation report to review it or we have extra copies if you need extra copies. So you just, you know, I think we probably want to review it a little bit and maybe even visit the site distribute. Yeah. Okay. I apologize. I apologize. Yeah. This was sent by mail or Yeah. The way we send large documents is we did provide um links for them. We don't have the documents themselves. So if you click on the link, see the document um so we have se several colle Yeah. Yeah. They got

Is there a map? Um, I believe Joe did a revised site plan. Let's see. We got [Music] here like cheeseburg. This is so I think this is the most recent edition. Let's see if I have another one. It looks like I've got more open up down there. Sorry.

Okay. So, I'm just reading this letter from the attorney. They basically don't want to comply with the condition permit. That's Well, they're not compiling the order. The permits. Yeah. The order you issued a whole bunch of commissions on it. They are asking to change some of those. So, yes. Yeah. So, I think that needs some significant study. Well, that's another visit to the site, Mr. Dated the 20. I mean, well, I understand all of that. And again, we need to go back out to the site and bring H7 to our own experts. All of the above. This was just I got this last week. I sent it out as quickly as I could send it out. I'm sorry people, not everybody saw it. Um, but again, we're just sort of starting this process. And if again, Mr. students. You need to talk to me about it and if we need to then go back out and revisit the site and we need to again have our own expert take a look at this all of the vote. Um but this is you gave them 60 days to come back with something that's condal review is basically they're trying to wave some of the conditions of the the original permit. Um, I want to have a chance to study the plans and visit the site now that we had permit. We don't really have to have a meeting to go out there. Uh, well, it's property and it's game. So, I'm not going to go out there without some sort of official, you know, approval to do so. I mean, we have the right here. I'm not sure. Well, you read the regulations and the state statute once there's the permit. Okay. We have the right. I mean, we will notify the applicant that we're going to go out on such and such day, on such and such time, and do compliance with the permitting for a continued evaluation. We're not in the same

situation as we were before we issued a permit. Um, you still you still have a forum, but if there's more than one or two exactly forum, if it turns out like we need to have a forum, then we'd have to schedule a meeting. Yes, we could. You know, I we might be able to go out with two or three people and audition is that rather than having everyone go out individually and do their own inspection and come back with their own thoughts on this is to have the commission go out at a specific time um that way everyone is seeing the same thing that way potentially the applically is that you're going to end up with everyone looking at different things and coming back to different thoughts on different pieces of the record. So I I am a little reluctant to send each of you out there individually particularly since this is a job site that has large heavy equipment going back and forth. So there's activity on the site now. I don't know that there is activity on the section but again this is mostly there's not no activity on now because there's no permit for zoning right there's no permit for any okay okay neighbor activity they're sitting in the audience I'm guessing if they certainly won't hear from but um at this point again I I have hesitation about sending you out individually on the surplus Okay. Well, the commission you do what you think is best, but I I I have hesitation about sending you Virginia. Yeah, I'd love to hear what other I'm open to having whatever the commission decides. Um I don't know that we need everybody

to be allowed time. That was my concern. And especially I think we should hire someone uh to help us to answer some of the questions that I the conclusion some of the things that are said in the letter of May 20 removing the boulders have a significant impact on the work because I would disagree with that based on my experience and professional certifications but you know those are the types of things that we should do maybe hire someone to look at the site go out with Eric Right. Um, I'd like to see I never got to see a copy of the actual permit go out. It would be handy for us to see what exactly the conditions say and um the approvals. You can probably just send us that digitally so we can compare our permit and with their request to know exactly what what conditions they want to raise. Um, I'm also just looking at the May 19th estimate. Eric, you can send this. It was on the website. It was sent to you all. Maybe I missed it. Um, it says prepare rate see areas of uh relocated BMS. I mean know the firm's going to be relocated. Again, you have a 13page report here that explains every facet of the remediation that I Okay, I think you need to read it and digest it and I think a lot of your questions will be answered without ever having to step foot on site then you can evaluate whether you feel what's proposed in this mitigation plan is prudent or or not. If you'd like, I can go over the

highlights. I know you guys are just getting this thrown at you tonight. It came in on the 20th. We are volunteers. We're not in the office. I'm not sure when you just hit some of the highlights. That's basically getting too crazy. So, um, basically I I read the terms of your, um, your conditions that we agreed on at the last meeting. Um, and I have some serious environmental concerns with some of those conditions. And I think the best way to address that would be to um, kind of find a middle ground. And that's the report that I wrote was in in basically an effort to do that. Um, you know, one of the, you know, both Joe who couldn't be here this evening, the project engineer and myself, you know, we talked about this at night and, um, you know, a couple of things, uh, I really have issues with. Uh, number one are the removal of all the boulders. Um, I disagree with you, sir. The movement of all of those boulders is definitely a significant impact. It's working directly in the water. It's working in the river. Um it's going to require adulation booms in there. Um so you know in a quick way I think the boulders basically some of the boulders should stay in place. The first section of boulders from the where the culberts are like four five six large boulders there that are basically holding that roaded in place. If we remove those boulders, we're going to be creating an unstabilizable word uh condition. So, how did that bed sustain for like the last 50 years? It did. It eroded into Well, it's it's actually wider than it used to be. So, I somehow it did. So, I

would just based on the historic record, I would go ahead. What what I'm trying to get at is removing those boulders is going to create a very hard stabilized situation because what's going to happen is now we're going to have roaded right at the edge of the water and it's going to be a one to one slope or worse and what's going to require it's not going to be something that can be seated and stabilized because we're going to have water uh water flows continuously be done on that. Um there's going to be truck traffic driving across and to me it's it's completely foolish to to remove those rods when they're creating a stable road and saving it. I have a floor. Please can I explain my report? Um if we remove those boulders to me and again I shouldn't discuss it to the project engineer because I am not an engineer. Um, the only way to stabilize that edge of that road bed is going to have to be put something right back in. And that's either going to be jolly blocks. It's going to be some sort of versal wall or um wire gavings filled with rip wrap, but there has to be some sort of structure there in my professional opinion to keep that safely. So what my what my idea was was to leave those first four or five block rocks in place because right now we have vegetation established. We've got it's actually a great condition better than than a jolly block wall. You talk to DP above shoreline work and retaining walls. They want to have natural rock. They want to have rock rip wrap, you know, nooks and crannies for animals to get in and out of habitat. Um, so my idea was to leave those four or five rocks just as you come across those those culverts. Leave those in place. There's one area where there's a little bit of erosion happening. We need one

more rock there. And then further down, take the rest of those rocks out because those can be taken out because the topography splatter there. There's more room that can be loaned and seated, you know, doing wet mix or whatever. Um, and that would basically solve the problem. without being in the river without having to do any work without having to make any no sediment booms none of that stuff would be my other issue is the removal of the burn um that BM currently right now or the majority of the BM does two things protects the river from any activity that might be going on on the site from traffic storm water that mode but it also protects the site from the river. Well, that river overflows. And if you go out there right now, you're going to see a big pond full of chocolate milk because that river that last storm breached where it always breaches, sweeps across the road and puts sediment into pond one, which goes into pond number two, which goes into pond number three, and then which eventually gets into the river. So, my idea was to move the BM. Take take down part of the BM, move it over to the edge of the road where the road is now. Extend it all the way up like it like it is. Tie it in at the top where the sediment basin is. And now we have deep burn all the way down, prevents the river from flooding into the site, that's site from doing anything into the river. um the greater distance that the burn moved over to the edge of the road instead of where it is, we're going to rem remediate that, scarify it, plan it, and create more habitat that's not currently there. Those are why basically the the two the two big issues that I added. um everything else as far as you know

establishing other habitats and things like that, the wetland mitigation, that's pretty much all the same. The other thing that I spoke with with Joe was um the removal of pavement millings. Um we encourage that the pavement millings do need to be removed where the river floods across the road. When it over tops and goes around those culvers, there's an area that's probably the width of this table here where that those flows go across those millings and go right into the wet ones. Um, we definitely concur that those millings should be taken out of there, but the millings that are up on the hill that stabilize that that steep section of of slope there, they should be left in place. Mr. explain explained that you know the constant constant maintenance issue but having to put gravel in there every time it wash at you look at the wetlands at the base of that slope there are no ps definitely not not along the road shoulders where that steep slope is so again I would rather see those millings stay in place do a nice crush stone crossing site where the water if the river does over top the water can flow through there it won't wash and there won't be any sediment like you find with this bank. So that's basically the the meat and potatoes of the wetland mitigation plans. But like I said, I got a complete report here like to have you guys go over that, take a look at it. And um I think it's I think it's can't I can't wrap my head around removing those rocks only to have to put something else back in there. Doesn't make sense to me. Rather, I'd rather avoid the the activity in there directly. Granted, they were put in there without

a permit. You should have gotten a permit but taking them out of there is I think this is I can't I I will not write a remediation plan but recommends the removal of those not only to have to put something else back in causing excess service progenator work in a river. I have actually thousands of them. Yeah. Okay. 30. Yeah. So we got current there you're going to pull on that it's gonna be right now the situation is such that the space the spacing of the bowlers actually encourages additional erosion in between boulders because you don't have any protection of the bank creates vegetation behind them this interesting establishation between those besiation there's never this is not going to go anywhere I agree you're not going to agree you and there's no way you're going to inter with them. So, we should probably get I it was one thing to interrupt him. You just told me I think it would make sense for us to go into commission and visit the site as long as it's acceptable. Um that way he can point out what he's talking about. we have a better we'll be able to see exactly what they're requesting and hopefully take some um mixing solutions work for everybody cuz that's obviously not going to happen here. So just yell each other. Uh, is there a sign that we give everybody that you're

I would like to see something more towards the middle of June. I'm not sure I'm going to be able to make the June meeting, but the plan is too soon. Well, I'm sure we can read this and yeah and look at the plan that chance to get into your office. June 10th time. You have to I mean I have to create an agenda for it. It's not public hearing. So there's no need. No, I mean I don't need to put legal notice of it in paper, but it is a foyer holdable meeting. So I need to create an agenda, post the agenda, all those things. Um June 10th is sufficiently far in advance that we're good for that table. You need to at this point continue. So you can table it until you have a sitewalk on June 10th and then you pick it up again at your next and then we can discuss whether or not we need to get experts looking at stabilization. we might want to engineer. Yeah, we're not going to have you do that at the sitewalk usually, but yes, I mean ultimately you can then pick it up from there at your next regular meeting as to where you go after you've seen the sidewalk that sitewalks traditionally don't take votes on things like that because public record. I

thank you. Thank you. So item number five 16 road to Sharon Drive mitigation plans. Good evening. Hello. So, I just I hadn't seen this report from Jacob. for the site. Um and I also had a chance to speak with regard now what what it is. So essentially uh which I didn't understand essentially uh he's asking for me to create 20 foot buffer of vegetation for that acceptable for the wetlands. That would mean me going from the wetlands disturbance disturbing everything excavating out all the bushes about 70 ft of everything. Um it's probably easier to show you

this. So I have a silk fence from our entrance road. Yeah. It's just easier to handle actually. So I have a silk fence from the entrance road all the way across the propert. This is the the boundary of the um wetlands. So at the closest point from block two which we've got a cease and desist order from here to the to the furthest point is only from here to the boundary line is 45°. So what Eric is saying is creating a 20ft buffer apparently here. That means I have to go in excavate out all the prickers, all the bushes, all the natural stuff that's been there for for years. What buffers are typically just an unmode of a portion that never gets mowed or maintained between the weapons and and clearance. It doesn't mean you like have to go in and dig it out and Well, right now I have I mean this is solidly shrunks and bushes although they're invasive species but I didn't go to you there. They're natural. That's where they are here. You know there's all sorts of trees and stuff. No, just clarifying. Well, yeah. It's just a spot because I have this whole section from from fence east that has not been touched at all. Eric, is this an accurate uh prediction on where the silk fence is? You guys are out there at this point. You guys saw that the silk fence along this area was not in good repair. We're on the other side of the silk fence.

This again, this doesn't show the accurate location where the house is. The house has moved since since this map was drawn and is in a different location. So this does not accurately reflect the conditions on the ground if we were to go out there today. So um it's also the issue that as you guys saw when you were out there huge amounts of erosion going down the road here and flowing into this area of the wetlands um that is also not being addressed by what Mr. was indicating this even needs to happen. So go ahead. Wasn't there also uh foliage that was removable? Yeah, there was there was all these removed and again one of your conditions on order that is given to Mr. Rosto was that he provided accurate location of the where the foundation is proposed to be located because there was concern that the location that we saw on the ground did not align properly with the permit that was granted to Sheriff. So, we needed a new location for that um foundation to show where it was in relation to the weapons and a new location showing disturbance that had been created from that foundation to the edge of the weapons. Um because I think my recollection having been out there with you folks relatively recently is that we are as close as probably 30 feet between the edge of the disturbance and the wetlands at that point at the nearest point. So at this point I think which is why we were talking about remediation plan a planting plan to absolutely and again it's all cultivate the buffer that should have been again it's all in what Jacobson is proposing Peter and it's again all in what you are what your order said a month ago. So again Mr. saying first he's seen this report I understand that but um you know I can speak to Mr. in the seed before the meeting. He's he requested of me the opportunity to come back, I guess,

similar to what you just saw in last application with his own proposal for what should happen here. Um, that's up to you guys. And a survey, a prepared survey of where the house is, okay? And where the silence is. Um, but I mean, at this point, I think you need something pretty definitive to try and stop the large amount of erosion that's going on. And then you need something that's pretty definitive as how to get rid of the silt that is already in that wetland. Um, in talking to the person who was there from Jacobson's office, he told me would take two men with a shovel and a wheelbarrow and heat the silk out the wetlands and he doesn't want it gained on the can because if you get any sort of excavator or whatever in there, you're just going to tear the crap out of the wetlands and it's never going to be the same. So again, there's a lot of a lot of work to be done. Um and again, Mr. Narcito wants the opportunity to come back with zone engineer. That's going to be up to the commission. But um the first the first thing we need to do is stop the injury to the wetlands that's happening now. Um again, the soul sacks as you guys saw were all overflowing. I don't think that they've been replaced since then. Um I have removed them and placed hay bales on the down on the downward slope. I'm happy to go out there tomorrow and take a look and see what the site looks like right now. You also did the silk fencing around that sediment that's in there that did go in here. I admit happened back in 24 when we had those floods in Connecticut were laying down and this the hays that are there are growing grass. So at this point they're working that it is clearly not working. I mean clearly you can read Mr. Jacobson's report. Okay. These new but I mean the amount of

damage to that site proved from last I saw it a week ago um is to the point where again you Mr. Jacobson was asking for $100,000 in bonding to get it sorted out. So, we're clearly not in a position where everything is okay. Um, and again, if you would like to come back with your own report, great. Well, he's got two separate reports here. One for the road, which is we're still under construction. So, if I was to do everything that he wants on this, I couldn't work. I understand. He wants seeds, he wants grass, he wants this, he wants that. What What do I How do I build this place? That's a very good question. And if you want an opportunity to come back with your engineer, by all means, please do so. And the reason, you know, everybody's opinion, there has not been an inch of dirt that has passed the silence. And yet, I've got 150 ft here. I got 45 ft here. And what am I supposed to do? Go in and clear out all the brush and plant some plants there? It's It's dirt. It's dirt as far as you can see up that hill. It's like from the silk fence towards to the uh to the edge of the is the next the edge of the silk fence there is down. You've got laying it at this point. It's down. It's not. It's not. The commission saw it. They were out there. They saw it themselves. This is not imaginary. I think what probably needs to be done is you can't post the bond and consider going to court order of consideration. Give me a chance to get my engineer out there and engineer more of an engineer that you know can help you design cementation very quickly because the site's a disaster.

Well, that's that's your opinion. Now it's the opinion of engineer but he's suggesting we post $100,000 bond if we could actually do that tonight. So it's not our opinion opinion of an engineer that's very knowledgeable about I would like I would like to walk with everybody I thought I had that opportunity. Well you didn't show up. You were there tomorrow. Well I thought it was on the 19th but it's 5:30. Okay. long. I'm sorry about that, but that's our public notice. I would like that opportunity again to walk the site with everybody and we can all look at it together. We're beyond that point now. Again, at this point, if you would like the opportunity to have your engineer come back, we can certainly ask the commission for that opportunity. But the order is the order. The the order was hindered. It wasn't appealed. The order is the order. So, we're not going back. I'm doing that. We're at the moment. Um, again, if you'd like the opportunity to come back with your engineers suggestion, that's great. Um, but we're we are where we are tonight and then you sort of have to move forward tonight. I understand. So, I don't know what more you want the commission to do tonight. I don't know what the commission's thoughts are really want to go with this. You have Jacobson's materials. You have his recommendations for a bond. And here we are. I mean, you have Israelis and what needs to happen very urgently on that site. So, am I okay to call Jacobson walk the site with him? Um, well, that's going to be at this point. I think he'd rather walk it with an engineer than you because I don't think at this point I I think that the suggestions he's going to have are more engineer engineer suggestions than they are to you. That's good. But let me let me see who you come up with. Let me talk the condition. You guys are free to debate it tonight. Tell

me what you want me to do with it and we'll go from here however you want. I think it would make sense to have I mean obviously it's your site. You're w you're free to be there anytime you want, but it would make sense to have um Jacobson meet with your engineer at a time that works best for Jeff. So any other comments, thoughts you guys want to add to the evening here? What are our options for tonight? Well, we have a bond recommendation in front of you, James. So you can ask the have the applicant post that bond tonight. Um you can have the applicant, you can basically ask the applicant to um adopt any conditions that are set forth in Jacobson's report for tonight. Um and again at this point you can then ask task the uh property owner to come back with an engineer to propose a permanent remediation. Do we have any bond? We do not have a bond in the plan. You have a bond. No we have no bond because there's nothing because this is supposed to be a private road and therefore we weren't going to step in and build it. It didn't go right. So there there is no bond at present and now we are asking for a bond to trying to go back and and start over and get it like this how quickly the two engineers get together tomorrow. I mean that none of the controls were maintained on that site. That would be fine. There were pipes going through hails that the pump is done. Um well there flow control. Well they they weren't maintained. Yeah.

They were not maintained. They were not safe. Um I I just think that every day every rainstorm that comes along that's like gets worse. It just continues. So the faster this can get squared away, the better off everybody is. I hear from Mr. Jordan who engineer is together we can get the two of that together will be the best I because that it's just sad and safe. No. Okay. You said you pulled the the sacks out of the patients. Yes. So there's nothing in there now. Well, I mean all that water goes into our retention bond which we need to get out. It's not changed yet. So none of that none of Excuse me. None of that water flows under the road anymore because it doesn't get up private. Um, I probably try to go back to office to get a sense as to what needs to happen. Okay. If you can give me a name of an engineer, I will get somebody out there with you as soon as we can possibly get somebody out there with you. Again, I don't know what your thoughts are on recommendations this evening. Um, but that's where I basically say is is your next step is try and get a bottle of this. Okay. We do cash bonds. Yes. It's not We don't accept the company bonds because company bonds are so mean to give us actual deposit. We put in a account here, you know, we have a group with an applicant's name on it, but it's in our account, you know, other bonds. Yeah. If you were calling, you guys released some bonds in your last Yeah. That's usually percentage of the of the cost. It's usually 100% of the cost. Yeah. So, yeah. So, that's what that's what we're looking at. So, that's why Jacobson is

call suggesting this number and per his own report, he's saying that's not even enough. Yeah. and he says it's not enough that it remain. So yeah, you read his letters and his reports. So it's not it's not enough. It's it's start. It's a start and permit. He works with us and gets attorney for his engineer out there with our engineer and they really get going on controls. within within a week or so. I would be willing to just get maybe half the bond posted initially. If nothing happens within set a date, then I would like to see a whole posted. If you can give me the opportunity to get our engineer together with that's what I'm saying. Then we would we would split the bond rather than asking for 100,000 ask for for 50. And if there's no, you know, if there's no activity, you don't get out there, you don't meet with our engineer, if there's no steps to take up control, then I would suggest that it go to the analysis recommended by at this point why you take between now and the next meeting by next meeting we haven't seen appropriate steps over that gives you a month to try and get things moving in a month then you know what's happening by our consultant be posted think about $50,000

and that if there is substantial compliance with the implementation of erosion controls after two engineers meet um before the next meeting say let's go back if if there's no activity between now and the next meeting then the bond would increase to $100,000 if I can interject any posting of any bond right now will probably prevent me from being able to hire this year. So if you can wait 10 days by the next meeting, right? Okay. So you're proposing by the next meeting by the next meeting. That's fine. I I can live with that, but I think we need a sort of an interim report. If nothing I don't want to see nothing happening to I will be watching if it's satisfactory activities happen before the next meeting. It's 50 if nothing's happened. Yeah. and Eric needs to real give us, you know, I don't want it sitting there for another month. I don't want it sitting there another month. Um, you know, I I will definitely be giving you guys um internal reports on this the moment I have. Um, again, it's obviously a very high profile site. Um, it's also very close to town hall. It's easy for me to get to. So, um, I will be out there regularly just seeing what's going on. In fact, I plan to go out there. I'll just take a look at what's going on in the road. So, We just want that motion that we're going to postpone any bonds until the next

meeting. Well, should be posted prior to next meeting. Okay. I think that that what he's saying is he sent out 10 days to look at this. Great. But I think by the time you guys meet again in June, he thinks posted $50,000. Well, we're gonna we have a site visit on June 10th, which is what 13 almost two weeks from now. Yeah, taking motions on the sidewalk. So, but you will be tell you could tell us that nothing has happened. Well, it'll be obvious on June 10th. You'll be able to see it for yourself if I but yeah, I will certainly be updating between now and then as to what's going and at that point in time, you can decide where you want to go. But I mean, ultimately, 10th we're going another sign this no you're going to the going to 308 that's true I apologize I have my my side screwed up here I can certainly give you information on that night as to where we are as far as update even though it's not going to be on the agenda update by then but again I plan to in writing give you updates between now and the next week so my understanding is well the bond will going to affect. Well, that's up to motion. So, nothing's been done. So, either way, it's the motion that I'm understanding where it's going. If you've put forth a good effort before the next meeting, the bond would be 50. If nothing's happen, but the deadline would be before the next meeting, not before the

sidewalk. 50,000 before the next meeting, correct? Yes. motion on this to the $50,000 bond prior to the next meeting. Yes. And we will get a report on the 10th as to whether or not there's been any activity. Yes. And then you can get yourself any further bonding effect next week. Yes. Correct. All in favor. Thank you. Last thing is you have four sets of minutes to approve here. I have copies of the man individually since not everybody was at each one. I want to handle it. said before. So the reading approval of minutes uh for regular meeting April 22nd, 2025 the only one absent was so anybody for those chang second. Make a motion to approve minutes. Second all uh special site meeting walk April 29th move to approve. I missed that one. So Scott and Tom were absent. The motion to meet somebody

else meeting on the 29th of April to approve Scott. I can't make the motion. The special meeting sitewalk May 19th, 2025. I'll make a motion to approve Monday. All in favor? I think is a motion to return. Motion 707 second.