Inland Wetlands Commission - Regular Meeting

All right. Is everyone ready?

Okay. I'd like to start this regular meeting of the Old Lime Inland Wetlands and Water Courses Commission. Um, today is Tuesday, September 23rd at 6 PM and we're meeting in the main meeting room at town hall. Um, first of all, I know that there's some interest in a couple matters. So, I would like to add two items to the agenda under new business. the first to be a report from CEO Eric Knap about um uh some concerns about a application we had granted for a temporary road to the cemetery. And then the second thing being public comment um just in general for any other issues that um might be raised. Do I have a second?

A second. Okay. Tom or Johnny. All those in favor? I I Everyone's in favor. Um, so the motion passes. So we'll start with new business. Item number one on the agenda is application 25-28 of 42 or sorry 43-2 Saunders Hollow Road for Uric Development LLC, an application to build a new single family residence. Does anyone hear from that? Hello. Uh, right in the middle is fine. Um, do you need the map or A map would be great. Um, it's Everick Development, too. I think there was a misspelling on the uh

on the agenda. Thank you so much. Can you uh introduce yourself for the record?

Mike Zerat with Everick Development uh LLC. Um I property owner and applicant for this lot. Uh new single family residence. Um the uh proposal you I think you all have copies of the maps. Um the majority of the house septic grading is outside of the 100 foot buffer zone. Um the driveway entrance here comes through it. There'll be some minor grading or grading and filling there. Um it was cut in years ago. There was some clearing there. So uh if you do do a sidewalk, you will see that. So, we we did discuss a sitewalk date for the 29th, which is right. The 29th, uh, next Monday. Okay.

Um, and five o'clock. Is does that work for you to have us on the property? Yeah. What do you need uh staked or flagged? Flagged for the 100 foot uh setback for the wetlands review would be great. Okay. Or the wetlands themselves, right? Any house. And we're going to be able to see where the driveway is. Yeah, it's already actually in. It's It's in already. Um, so we could walk it. You could see the grade. Um, it just kind of like it's very steep there. So, it just kind of jumps up and that's the majority of the filling right there to make the gra the driveway work. So, the grade isn't too steep. And the house is outside of review area. So, yeah, the house

the house septic everything else well is outside of the review. I tried to keep it um outside of that. Um, there were test pits done many years ago and they were all within the review area. I think actually some of them were actually down in here, but we moved it, got it away, higher and drier. So, okay, wonderful. Well, thank you and next Monday. Thank you. Thank you. All right, moving on to new business item number two, which is application 25-29 for 17 Boggy Hill Road, the Old Lime Land Trust for the application to replace a bridge across a stream on a trail. Does anyone here from that application? Hello, ma'am.

Um, I think you have the application right. So, um, this is land trust property that has an old bridge on it right now and a little bit of wetland. There's some extensive boardwalks that were done by the boys the Eagle Scouts about two or three years ago that you guys permitted for that. Um this is just another bridge that's call it a bridge but it's like a little walkway. Um so that that location it's it's needing a new solution and also a little bit of boardwalk work. And we also the very next item is the same kind of thing for um uh so on sill lane for the Hoffman pro preserve which again there's there's a split split log that when you step on it one piece goes down and you walk across it and we would like to secure it with a 3x8 blank pair of gloves. So

great. Okay. And so does next Monday work for you for sitewalks would at what time? Um, so it would be 5:15 and 5:30 uh respectively at the sites. Okay. I I'm pretty sure that's that's good. Okay. Gotta check. Sounds good. If there's any issues um you can contact Eric and uh we can we can figure out what to do from there. We're also asking if we could wave the fee being land trust property that's you know it serves the town. It's not private property, but it is private, but it's public to the public use.

Right. Right. Okay. Perfect. Thank you so much. And so, just for the record, we were also able to discuss the next item under new business. Number three, application 25-30 for 95-1 Sill Lane. Again, with the Old Lime Land Trust as the applicant, and this was an application to replace a bridge across a stream on a trail. Thank you. We look forward to being out there on Monday.

All right. Any questions for anybody? All right. Seeing none, we'll move on to the item that had been added to the agenda, which is a report from CEO Eric Knap about the um the concerns regarding the temporary road for the cemetery. Um, as you folks may recall, you've had not one but two different applications in connection with a temporary roadway leading from library uh to the back end of the cemetery. This was in connection with a proposed possible bridge replacement um because they could not get in from Gertie and they needed another way in. You folks have done a sitewalk of that location um late last week. neighbors um sort of realized what was going to happen, had not previously been aware um and started asking a lot of questions regarding the town's approval process for that temporary road. Um it does not involve any zoning approvals. The only sort of point of contact the town had was the wetlands applications that you guys dealt with. Um, and again, I I have tried to explain to the neighbors that I understand they had concerns about traffic. The wetlands commission is really limited in its scope just to the wetlands on the site. Um, and my recollection from your guys walking with the site was you did not see any significant impacts at that time and therefore you did not hold a public hearing. Um, again, the public comment as I've heard it is that they would have liked the opportunity to be heard. Um again that did not happen but at this point you guys made a decision back in April. The decision was properly published has not been appealed. So the permit remains in place and at this point is valid going forward. But I did want to relate to you that there's been a lot of talk from the neighbors regarding how the process played out and the fact that they did not get the opportunity to be heard on the subject.

Great. Thank you, Eric. Um, so now I will open up the meeting to public comment. Um, so if you wish to make a comment, please state your name and address for the record. If you could speak up clearly, that would be wonderful. Um, we do have recording devices up here and you can feel free to raise your hand and I will I will point at you and welcome you up. Yes, sir. My name is Bill Pollen. I live on six tons lane which is a tributary off from Library Lane and I am one of the many residents in the area that Eric is referring to. Um, my public comments hears this evening deal with the application that the homeowner of number five put in for the temper road as well as the permit that you folks approved on the 22nd of May. As I recall, my first question was with the application that the homeowner put in and the text on that application. As I read it, the application is for a $50,000 construction project. That is what the application says is the cost of this. It's a construction project off over a wetland. Okay. It involves potential drainage uh construction. I know from talking with the cemetery association that will include also a gated entrance to prevent uh entrance into the cemetery. So there's there are elements of construction in

here. I was very surprised. I know I was not surprised that the permitting fees for that project were wavered. Okay. Number five, deprived residents. But what I was a little concerned about in the processing of that was the zony compliance application. I did not find one on file when I checked the uh applicants file upstairs in the zone in the zoning office. It is my understanding when I read the town website that any business that comes before any of the land use boards requires a zoning compliance application and the fees that pay for that. If there is one, it's not on file. I felt that not having that violated due process that might have opened the conversation up with the building department because it's a building project might have opened the conversation with the sewing department because I believe that we're going close to boundaries of other properties. So that is one of my that is one of my concerns. The other concern deals with the applicant and it deals with The item dealing with an explanation of alternatives to going across the wetland for the proposed build bridge project repairs in the cemetery. The description of what is on the application does not answer the question of what the alternatives were. It simply says it's the only private property adjacent to the cemetery. But that's not

the question. The question should be were there any other alternatives than going through that i.e. constructing a temporary bridge as one example. I'm not an engineer. I'm just trying to ask reasonable questions. I see nothing in the meeting minutes that I read on the 22nd that addresses that issue concerning the concerning the the comments that Eric made about a public hearing. I believe that this is a privately funded project but with significant public interests. that is the safety of the residents on library. I believe very strongly that it's some agency in this town before they give approval should hold a public hearing because of the private interest we have here. I do know from various emails that I've had, some of you had received us, that there is a lot of concern and a lot of misinformation about this application from many residents. On Monday of this past week, I received a phone call from the president of the Duck River, the vice president of the Duck River Cemetery. His name is Ed Matt. quite upset about what he had heard about my opposition to the bridge project. I have no problem with the bridge project. I walk there every day. I think it's a great project. I I am secretly dealing with the application and the permit approval going through the wetlands. Okay.

In our conversation, Ed asked me to meet him at the cemetery that same morning at 10:00, which I did. He asked me what I felt might resolve some of this issues with the temporary bridge. I said there were many but I said one issue that I have heard from the various neighbors was there's no date certain as when this temporary road will be remediated. There's there's they say it will be but a temporary road could last for 10 years. I told Ed that I believe that if you if you would reach out to whatever agency you have to to get that stipulation in application with a date certain such as x amount of months after the completion of the bridge that the temporary road will be remediated. That might go a long way to resolving some of the issues that the various homeowners have. I'm not here speaking for all the owners. IMB are simply telling you the way I've heard. I strongly suggest that because this agency as I am told it was the only agency required for this permit. There was no Mr. than that zone enforcement officer told me even though this is a $50,000 construction project that there was no need for the building to get involved, no need for zoning to get involved, only inland wetlands. Eric knows I disagree with him, but he's zoning enforcement officer. I strongly suggest that you folks do what is ever in your power to hold a public meeting and hear what the residents have had because this project is in the public interest even though it is a private

project. Thank you very much for listening to me.

Thank you sir. Take care. Anybody else want to make a comment? Yes. Come on up, man. Christina Koka 25 Library Lane. Uh, however, our property extends up to Elm Street. And one of the things I'm concerned about is the road narrows not as wide as it is on Elm Street. So, uh, really only one vehicle can possibly pass. But my biggest concern is for the children on our street. Uh, we have lots of youngsters, uh, not yet even in school who play and they're running out to the street um, you know, by the if they're not being monitored well by their parents, it's going to be a problem. And I know right now from uh Library Lane onto Elm Street, um we have problems all the time with people making a right turn onto that road and then having to creep out to onto Library Lane from Elm Street to make a left-hand turn. Um so increasing traffic in that area is going to be a problem. Now if there is a if this road is only temporary um and we have a starting and a deadline then perhaps some things can be uh resolved with the neighborhood being more cautious. Um but the people coming who are not in the neighborhood are going to make a turn and um very easily could have a a problem with a youngster running out in the street. So, um, the width of the road is is a is a problem just to start with.

Uh, and, uh, I'd like to see, um, the town maybe monitor it a little bit more before the road goes in. Now, I, if I understand, this is, I guess, somewhat a temporary road while the bridge within the cemetery is being repaired. Is that correct? And do we have a timeline for which that bridge will start to be repaired and an end point? The permit is valid for 5 years.

I I can tell you informally that we understand that the project will not be starting until 2027. Um I understand again this is informally that it will just be a period of several months um when the uh bridge is being repaired. So from start to finish I would expect it to be no more than about 6 months but that is not required by the permit. It is simply at my understanding and talking with Dr. Pin regarding the situation. So uh but you are saying then it is a temporary forever. It it has a start date. It has an end date and it will there was a remediation proposal built right into the application that it would be remediated upon completion.

Okay, that answers my question. Thank you. Thank you. Yes, ma'am. Thank you everybody for your time. I'm a resident of Library Lane. My concern is Library.

Say your name for the records. Sorry. 10 Library Lane. Um I don't know how much time any of you have spent on Library Lane. Library Lane has a massive problem with flooding in the winter. So, we have the Duck River and that river floods and you can't get through. So, you're asking to put in a temporary road so trucks or whatever can get through maybe in the winter, whatever the timeline is. It's a it's an issue. I mean, there's major issues on that road along with traffic and kids and and whatever. So adding any kind of additional traffic on that road to a temporary road is horrendous to us. So that's all I have to say.

Thank you. Okay. Thank you. Yes sir.

I'm Gary de Harsh 31 Library Lane. And I guess this temporary access is through my driveway. So, um I was a little bit, um troubled that I really hadn't heard much about the project other than initial contact by Mr. Pin to say they wanted to do that and would we be willing to cooperate and I I said we would be once I know all the facts. So, um I still don't have all the facts, but I did speak to Mr. pin today and he assured me that my concerns would be addressed. Um, my concerns were I have a culvert that goes on my driveway that I want to make sure their engineer makes sure that that covert is okay for the traffic that's proposed. We'd have to work out an agreement to do this. There would have to be a waiver of liability and insurance posted. anything that might happen on my property after the use of this. Um, I was looking for assurance that originally when it was proposed to me, it would be so that they could continue to bury people during the construction of the bridge. And I'm okay with that. I'm really not okay with everybody that goes to the cemetery now just to walk or walk their dog. I I don't want those people necessarily driving up my driveway or or uh or walking down my driveway. You know, that wasn't the intent that I thought. So, um so those were my concerns. I also wanted to make sure it was temporary and that when it would when it was over and he assured me that it would be only a few months of construction that um when it was over everything was restored to the way it is now. So, I have yet to see a plan on what's proposed and u like I

said, I I I want to cooperate. I think it's something that I understand why it's necessary, but I certainly want all my concerns addressed before I'll even agree. I think I hold the key to this happening because it's on my property. So, thank you. Thank you, sir.

Any other comments? And to be clear, the comments don't have to be limited to um the the matter of that library lane. I was just made aware that there might be another concern lingering. All right. All right. Seeing none, I will close the public comment period. Is there any discussion that you all want to have?

The traffic concerns would must be taken up with the the selectman's office. I guess I don't think there's we have a traffic authority here in town. We we have somebody who might be able to address this, but as previously noted, the wetlands commission is illequipped to deal with traffic issues. It's really not within your parameters. So, had this been brought to your attention as a traffic issue before, there would really not much you would have been able to do about it at the time even. So,

okay. Well, I want to thank everyone for for coming out and voicing your concerns. Um, and uh I I hope sir that with your application and working with the the cemetery um that your discussions will be fruitful. Um but at this time we will we will move on. Okay. All right. So moving on to the next item which is executive session for the discussion of pending litigation at 308-1 Mile Creek Road. So we need a motion to open it to move into executive session on the record and then get everybody out. Then we can talk and then move back out.

All right. I'll make a motion to move into executive session. Do I have a second? I'll second. Thanks, Tom. All those in favor? Passes. All right. For executive session, um it would just be us at this juncture or do you the Yeah. So, everyone out. Sorry.

Thank you everyone for your patience. Welcome back. All right. Okay. I'm going to start up again on old business. Item number one is application 25-26 for 7 Thomas Wait Drive. Ben Ro is the applicant and this is an application to build a new home for a family and guest house for landowners. Good evening. Good evening. I'm Jason Never Consulting. This is Roger. Never consulting.

Hey, so this application relates to seven uh Thomas Way Drive and it's for a new home construction. Uh this lot is one of uh 10 lots in the subdivision that was approved in 1988. And so it's I think it might be the last lot out there that hasn't been developed. What's interesting when you look at the 88 subdivision map uh it shows the wetland boundary and then as far as the upland review area is concerned it shows a 50 foot and 100 foot and I don't I haven't been able to uh find out why that was unless there was transitioning at that point from 50 to 100 like a lot of commissions did but anyway so the 50 shows on there but in our case uh in this zone which is way to there's a 50 foot front setback which is you know pretty substantiating. So that pushes the house back away from the road. Now we've got the house up as far in front as we can and still respect that 50oot setback. So the shaded area back here are the wetlands and these uh blocks of of gray are the post house. So, we've got the house about uh right up against the front setback. We can't move it any far front. And so, we're we're kind of limited in terms of separation distance from the wetland. Now, there's no activity in the wetland. In fact, there's no activity within 50 ft of the wetland. Uh but in terms of the upland re review zone for the 100 foot, a portion of the house, which would be the south section of the house, north is straight up. This is 1 in equals 20 scale. That part of the house is about 12 ft into the upland review area.

Um, and then part of the patio as you go further north, uh, is also in the upland review area, but it's kind of minimal and we don't really have an option to avoid that. Um, so the the the house is uh it's a long house and road slopes. So in order to address that and minimize disturbance, the architect has come up with a stepped house. So the the house actually finished floors actually drop as you go from south which is the top of the hill and you head north. The house drops I think the total drop is something like 3 feet. But what it does is it dramatically reduces the amount of grading disturbance that's required. So for instance on this lot our average fill is about a foot and a half and our average cut is about two feet and maximum cut and fill I think is about three or four feet. So you know there's minimal disturbance in that respect. Um the uh septic system is outside the upland review zone 100% and was tested and reviewed by the health district. They're currently reviewing the septic system design plan and that's about the limit of the activity. Uh we've got what I would say is is minor encroachment into the upland review area. Uh what helps is this house is long and narrow is wider. I mean we still need the same footprint because we need the living space and square footage. This is a by the way a single family residence with an attached guest house. So that's why it's a little bigger than your normal house. So this area down here is the guest house and the northern part of the property is the main residence. U the applicant and his wife will live there. Um and grand the parents uh wife's parents will occupy the guest house temporarily periodically when they come seasonally

when they come back to the state. So I mean it's perfect. they could have their their whole family uh there. So, uh that's the proposal. I think we I think we've tried to limit the uh the disturbance on this property. Any question? Question. No, I just I I think the house has been well designed for the the footprint and the setbacks and I know there's some deed requirements also. So, I would make a motion to approve. Second. All those in favor? I I Any oppose? Any abstensions? Seeing none, motion passes. Thank you. Thank you so much.

All right. Moving on to old business item number two, which is for 308-1 Mile Creek Road for a status violation update. Okay. Again, we did have the executive session. Uh to my knowledge the site remains in compliance so there's no new action to be taken as far as that goes. I don't know if you have anything to administer I couldn't hear you so you can sit at the table if you want.

Um again what what I was saying was that we did have the executive session a few minutes ago. Uh to my knowledge there is no new activity that is taking place regarding the previous violation of the fact that you remedy it. It remains to my knowledge still in conformance. Um, again, you can take pictures of the hay bales and other things that were being put on the northern end there, and as long as those are being maintained, I think that the site remains in compliance with the the wetlands regulations. Do you have anything you'd like to do anything? And again, we did have the executive session earlier. I have nothing further to add on the record regarding that session here. So, that's pretty much that situation.

You're next. All right, Rob's waiting for the record. I'll move on to uh item number three under old business, which is application 25-24 um at 308-1 Mile Creek Road for the application for a spillway pipe replacement.

So, what was asked at the last meeting was the location of um where the uh work is being done. um in this view is this is the existing pipe that's going across the road and as you cross the road there's a culvert uh pipe that's in here coming from this pond and it's exiting. So, I wanted to lay out that area of where the um proposed check dams would be. And then these are the check dams per uh the request which show the elevation uh of each one of the check damps. Um we'll start the from the outlet pipe that was existing. Uh if you look to the left side of your page, uh 17.1 was the existing um outlet elevation and the existing elevations on the bottom. If you see if it says outlet existing, each one of these grades, it goes up one/10enth as it heads to the pond today currently until you get to the Beaver Dam, which is the yellow on the right side. um that beaver dam is approximately about a foot and a half higher and the existing excavation from the water is about 9/10 uh lower than uh what used to be the pipe elevation. So what's happening is the water's coming around the pipe and it's washing the uh sand into uh the wetlands. So these are uh today's current photos. This is the uh outlet pipe today and this is the this is coming out of the outlet and that's what's washing in. Uh so by putting these check dams in and the rip

wrap stone we'll be able to create as you you know from the where the beaver dam is the water would be um about 510 higher um than uh what it is 5 to 810 higher than it is currently today. And that's what this photo shows. It shows the old water line on the rocks. The existing out there, uh, the perimeter is around 20 and we'd be bringing it up to about 188. So there'd be about a a 12 in uh freeboard plus or minus around the outside of the pond. Um, so we're just basically elevating the water in the pond for uh the animals. And then uh as it would, if you can look uh right uh right to left going out of the um ponds, the water would have an opportunity to come off of the high, the first one, drop into the second one. It would settle, drop into the third one, settle, and then it would go into the wetlands. So there'd be an opportunity as it came over each one of them to drop and settle in each one of them, which has never been done. it would hit the pipe and go. In this in this design, it allows it any water that's going from those ponds, which is basically clean water. There's really no silt in those, and we have no intention to use those for soap ponds. Um, so that would just that's just allowing an outlet without it washing. Uh, we'd line both sides of that with all rip wrap stone. There's, uh, crush stone, round stone that's there. We'd line both sides of that. um that it's basically a glorified trench. Um but we'd line it with stone that if there was ever any heavy water that would go in there, the sides would be protected uh so it

wouldn't wash into the wetlands. These photos show the old um elevations of the rocks. You can see on the on the rocks where the water lines were. So, we try to get that water back in and and elevated. That's all we're trying to do with this is just get the water back into those ponds. Thanks, R. Sure. Any questions or discussion? I mean, I'd like to hear Eric's impression.

When we were here last month, um, you had asked me to sort of run by what Mr. when he was giving us then to our engineer who said he did not have enough information to make any sort of review of it. Um I am just seeing this now. I don't know what an engineer would make of it. Um it's not really an engineered plan. It's I guess a little bit better than what we were seeing last month, but I don't know if it works. I don't know anything about it. Um and it has not been reviewed. So, um I would request that the commission give me the opportunity to have this reviewed by our engineer um just so that it we have some sense as to what we're looking at because again as you're I have many talents being an engineer is not one of them. Um so I really I can't evaluate this on the merits of whether it works or not and I'd like somebody else to be able to do that. So, the only thing that I've noticed is um on my previous application, the engineer wanted an engineer and I made it clear there's no engineer. That beaver dam can stay there and if the weather, mother nature takes it away, it can wash the rest of that trench into the wetlands. So, what you see will be I'm assuming at some point infilled because it's got a pretty good start on it right now. By these photos, you can look at it's it's infilling that wetland. So, I'm not paying an engineer. I've I'm You've absorbed those options, attorneys, engineers. I'm not doing it. So, this is the best I can do other than what the beaver's doing. He's doing it on his own. But, I wouldn't recommend that. That probably won't make a season. You get any large volume there, it's probably going to take that. Anything comes over the top of that dam, it will wash the mud out and it'll be over. Eric, how long do you think it would take the town engineer to review this plan?

Well, again, as Mr. Swainy indicated, the first thing the town engineer asked for was, "Can I see an engineered plan?" And the answer was no. So, I mean, I'm happy to show him this plan, but my suspicion is he's going to come back and say, "I don't have enough information to make a decision." Um, so I can probably get you that answer within a few days. Um, but again, attorney, Mr. Sweeney has indicated to me that if he has to have an engineered plan, he is simply not not moving forward with the application. So So is this the up is this the upland? The upstream currently that's today. That's that's the upream. The reason Yeah. Upstream and this is the downstream. No, both of the all these are up.

Okay. So how much So how much is this from a beaver and how much is from no rain? I mean I know these are low. So the beaver is only built to that elevation. Okay. So that's the top of the dam. This is this is downstream of the van dam. So this the beaver dam is right here right around right where you see that hex mark and then all this is down gradient of that. So these check dams would start at that beaver dam the highest one and then I split the elevation of the check dam. So, as you go down that gradient, Mhm.

it it'll fill that second one, fill the second one, and then the third one, it'll go out at the exist there's an existing pipe there. It would go out at that same existing pipe as it's been going out there for x amount of years. But there's no volume control here because when it goes over a check dam, it just flows over the top of the check dam. So, there's really no engineering involved in a check dam because there used to be two pipes there and now it just flows over the top. And we feel like the other thing too with not having a pipe is hopefully the beaver doesn't have a place to build a dam. So the check dams might actually do a better job than if you ever restored the pipe. Then you have to have me, you know, means of keeping the pipe clean. And that's you guys witnessed that when you were out there. They plugged it solid.

So the water dropped because the pipes washed out of the water washed around the pipes. Correct. Yes. Yeah. All right. Well, I mean, I think we have to at least give the engineer a chance to look at it. So, I'll make a motion to table this until next meeting. So, one thing I think you they would need to know is the how wide like what the cross-section of the trench would be like or the Yeah, basically the drainage trench. So, how wide would it be at the bottom and how wide would it be at the top?

All I'm going to do is lay the stone in that bottom. I'm not touching what's there. I'm just going to I'm just going to lace it with stone. It had two pipes in the middle of it before. I mean, that's probably roughly, you know, 15 feet wide at the top and 8 to 10 ft wide at the bottom. It varies, you know, as you go down through there, but there's no excavation. I We don't want to excavate it. All we want to do is lay it in there so that the water can pass through there. All we're trying to accomplish is maintain a level of water in the ponds. Once that's emptied, I think you guys were there on on one of the last meetings and you saw the devastation in those ponds. That was before the beaver built the dam. If that water goes out of that, it's a mess. It's an eyesore. It's nothing more than for the animals that are in there. That's the the whole idea of it. And the water's got to go at some point. It's going to fill up and need a place to go. So, we're protecting the downstream by adding the check damps.

Well, I agree with John that we should at least give the engineer the chance to to look at it and Eric, I saw you writing down the dimensions of the base. Yeah, I I wrote down what Mr. Sweeney indicated and I'll provide that information to JJ's office and see what they say. Um, if if they request additional information, I will go back to Mr. may need with whatever they're requesting and see what we can get and hopefully we can gather enough information to make some sort of educated guess as to what's going on there. And are we running up against any deadlines, Eric, for making a decision on this application?

Um, let's see. So, the only the only thing I can say that you're running up against is you run running up against the winner. There's no water running in there right now. So, here's the thing. You we're not holding public hearings. We have 65 days to act on the application and it has been now 2 months. So, we need your consent to continue the application until the next meeting. Yeah, that's fine. I'm just letting you know, you know, what we're up against, right?

Yeah. Because, you know, we're coming into wet season. Uh it really is no invas for the fact that there's no water traveling through there right now. And one of the main concerns I think that the engineer had pri prior was how are we managing the dewater while the construction is going on. There's no water there. There's there's no water. And the other thing that I want to make note of, I'm not paying the engineer. So whatever engineer expenses that are coming out of bringing this to engineer, it's not coming out of my pocket.

Um your next meeting is 21st. So we, you know, I'm going to have you give me a written consent to continue to allow the hearing to allow the application to stay open through the 21st of October. Is it the 21st or the 28th? 28. I think you're 3 or 4th. I'm sorry. 28th. I'm sorry. Yeah, if you wouldn't mind giving us that now, that'd be great. I'm sorry. 28th. You're correct. I apologize. You have lots of meetings to keep track of, Eric. I'm not going to hold you to remembering when ours is. No, no. I I should know. I apologize.

All right. Well, thank you for the consent, Ron. Um, and we just want to make sure we do our due diligence. We consider all the impacts on the wetland. There has been considerable interest in your property. So, we're trying to do everything we need to do. I'd like to say I'm going to be here, but I might not be here for the next Wellins meeting. Okay. So, whatever you need to do.

Well, at that point, if you're clear you're not going to be here, I'd need a further consent to the meeting following that. So, why don't you just give us this consent now and then check your schedule and if we need to get a further consent from you, we will do that. Okay. You have a date on the next one. 28th and Oh, of November. November. Fourth Thursday of November is always Thanksgiving. So I think you go third Thursday of the of November. I think that's right. Okay. So third for the the Tuesday um third do the Tuesday. Okay. Never mind. I'm I'm sorry. No fine. Okay. It's the 25th of November. Why don't we give you an extension till 25th of November? Yeah. Yeah. I won't hear. Okay.

Yeah. How big is your suitcase? Thanks, Ron. Thank you. Thank you.

All right, moving on to item number four under old business, which is 16 Neck Road into Sharon Drive for a status violation update.

Um, you folks should have received an email from me yesterday that was also sent to Mr. Nosa who was here this evening. Um, there's been not a lot that has changed since your last site visit and your last meeting. Um I will say that um as observed by our chair um there were people out there who were doing work um to remove the silt um except two things. One I don't know whether they were removing the right amount of silt um and two the silt was then picked up and moved to a different location within the upon view area um where it was when I visited yesterday. Um, so I guess the the issue at this point is I'm not sure that we've moved a lot since last month. Um, and I just want to get a sense from the commission and I guess from Mr. Noto as to where things are going to be going forward on on this uh site situation. So, do you have any thoughts you'd like?

I personally I think we've been making a lot of progress, but especially since we just got refunded um la I think it was last Friday. Um the original loan that we had on the project um the bank kind of shut us down due to the bad publicity that we have. Uh and uh last week we were able to get funding that will allow us to finish the entire project versus the last the last bank we had was only peace meal house per house. As we draw down in the house we can apply some for the road. This way now we have funding for what we need. So last week, uh, I had 12 guys there digging the 6 in of silk that was recommended by Mr. Snarkski. Um, he had his flags there and that's where we dug. I'm going to get him back to take a look to make sure that he's happy with it. Personally, I think we need to do a little bit more a little bit further back, but I'll ask him when he uh when he shows up. Uh, we've been maintaining the Silk Sacks. um any additional uh silt that builds up behind the uh um behind the catch basins, we've taken care of that. Um yesterday we finished up the I don't know if you know this the old stone house. We did this with we did the septic there and um graded the entire front with top soil and seated it. So hopefully we get a little bit of rain. The grasses start coming up. So that'll be a lot less. Uh next week we're going to attack the driveway that leads to the old house, which right now has been disturbed and has sand coming out of it. So we're going to take care of that. So little by little, we're getting there. Um like I said, now that we have the funding, we can move a lot faster um and start doing our work. In a couple

of weeks, we're looking at um because I have to get another subcontractor besides the guy that did the original work um to come back in and cut the trenches that the uh the engineer required over the pipes and dig out what's there and replace it with actual gravel uh and get that work done. But I'll be in touch with I'll be in touch with you at the same time to make sure that you come out and take a look what we're doing. That would be great because I will need an engineer out there to test whatever is happening to make sure it meets the requirements. Okay. And and also we'll have the funds available to pay down the engineer for what we owe them so far. I appreciate that. Okay. So, we're moving.

I would just stress communication with Eric because when I passed the property and work was being done in the wetland review area and alerted him, the message I got back from Eric was very surprised. call me, right? And I think we've been very clear about that in all the meetings that we've had. I have so much going on that it's just I I understand. I knew what I had to do. The boys went in there and got it done. So, when you do good things, make sure that we know you're doing good things, right? because there's always a lot going on on a construction project, but because of the bad press that you've gotten um you know, obviously your bank took note of that as you mentioned.

Let's avoid that in the future. Keep communication with Eric at an all-time high and um and then we'll we'll wait for the next update. Hopefully more will be done now that you have there's also posted bond um did you receive the memo that I sent? Okay, if you would mind would not mind why don't you go through that and give me a response back as to where you are with and now that I have funding I can understand some of those issues. Well, if you could give me a response back sort of line by line through that that would be appreciated. Okay. So, so the one thing though, is this where we're having the Republican Town Committee? No. Hols Road. Where?

83 Holes Road. Next to Dunkin Donuts. Oh, it's not even in this building. No. Okay. Sorry. Next to Dunkin Donuts. Dunkin Donuts. Thank you. Okay. So, the only one other thing that I think we need to add is if we can get the building permit for the foundation, even if you got foundation only on that corner. Well, now Eric did release the the u the hold on block two.

Yeah, but you still owe me it as built for where that foundation is going to prove it's in the right location. So, I will await that. Yes. And again, last I checked yesterday, the forms were still in there. The forms are still there. I just didn't have the manpower or the funding. I understand. I know that we do. Those are going to be coming out. Okay. Which I think will make you guys feel a lot better if we put that foundation in and we start the landscaping in the outside and draw it back in. We'll start finishing that landscaping around that foundation, start coming up that hill, right? Because then the work will be done. So to get that lot corner in now, that foundation in before snow flies would be important and make you feel better because now you've closed in that whole circle. Yeah.

You know, for the most part. And we're going to try to get the the road finished up and the top of the road and the drainage in. So if we can get the drainage in for the road, it'll pull a lot of that water, put it where it belongs. So that's the plan. Yeah. Okay. All right. Thank you very much. Thank you. Thanks.

All right. Moving on to item number five for the reading and approval of the minutes. I was not at either of these. Apologies. Um I know for the regular meeting I got caught up in a hearing so I couldn't even text you guys to let you know I wasn't coming. Um so for the the minutes the minutes of August 26, 2025. Does anyone have any edits to that? Everyone had a chance to review. Right. I'll make a motion to approve the regular minutes. Second. Thank you. All those in favor? I.

Okay. And I'll abstain. Thank you. All right. And then for the special meeting sitewalk of September 11th, 2025. Um, does anybody have any edits to those minutes? I don't I missed that one. So, I didn't think we're going to have a quorum for that one. We had three. Three. Four of us. I thought it was four. you well Mike Mike met us at the second or the third the third one but anyway your your regular membership I think is five with three alternates so I think you have okay forum of three okay okay hopefully nobody will be upset I will make a motion to accept the special meeting sitewalk minutes September 11th

second thank you all those in favor I and two abstensions me and Tom all Right. Anything else for the good of the order? John, do you have to go to next to Dunkin Donuts? I saw them coming. I actually left from there and yes, they'll be going back to there. Yes. Well, I'll make a motion to adjourn. Thanks, Tom. All those in favor, everyone. We're journ. Thank you.