Inland Wetlands Commission - Regular Meeting

will start the the meeting. All right, everyone. Welcome to the regular meeting of the old line and wetlands and water courses commission. Today is Tuesday, October 28, 2025 approximately 6 o'clock and we're meeting in the mezzanine meeting room at town hall. I guess Julie is new and I know she has all of you. If you could just give your names to her so she can know who you are, that would be helpful. Don't you worry introduce yourself. You're just going to go around the table. Sir Ielia P3 John right

um all right the first item on the agenda is under new business number one old colony beach association for structures dredging and film permit so uh thank you Eric for just uh reminding me that I've been asked for this on on the agenda um the other week. So, for everyone's awareness, and I think everyone got the email of what we were sent, um we just got information from deep about this um this application, the the sewer work that's going to be done down at the beaches. There is no application at this time. It is a very large project. It's going to be encompassing inland wetlands for sure, not just tidal wetlands. And so I just wanted everyone to have a look at it so that when the applications or hopefully applications come before us that uh we're not totally blindfided by it. I think a lot of us know that this sewer project is happening. Um and so it's just good to know that it's also on Deep's radar and hopefully the um as the project goes on and they're going to start working near inland wetlands areas, they'll be coming to us. Was there anything concerning in the report Eric that you got from you?

No, I mean I have the plans sitting in my office now for a year. Um there already been some work that's been done down there in connection with some of the ponds that they've sort of installed for parking and whatever else down by the beach. Um but at this point I think we're more or less ready for whatever they bring in. Um but again given where we are with the sore situation I'm not sure when that's going to be or how much that's going to be. Um so for right now again you know you can take a look at what they've already authorized up here for you know their activity. Um there will be I'm sure titled weapons and back that will go to zoning um with you know with the can then again weapons of back coming to you folks. So for now, as uh Rachel said, it's sort of informational. Be aware that they do have the heat permit in place for the sewers when the sewers go forward. Um but at the moment, there's no application that so. Okay.

All right. Any questions? Right. Moving on to old business. Item number one is application 25-28 for 43-2 SER road for your development and the application to build a new single family residence from come on up. Um you you stand right there. Thanks. And for the record and you just introduce yourself. Sure. Mike Saran.

So I understand the team was um out at a a sidewalk. Um did anybody have any specific questions on that sidewalk? I had a couple. I was I missed the sidewalk, but I've been to this site twice as it turns out. Um, I went the next day when I got back from Niagara Falls and kind of curious because there seems to be so much ledge on the site. Yeah. Do you have to do a lot of deep tests to find No. So, you just go over, you know, where the septic um originally the septic testing wasn't here. It was done in

Gates or John Bers did it way back when. Okay. 20 20 years ago or something like that. Yeah. 71802. So all their testing was in here that was approved for a septic system. Um the soils are much better over here on the south side of the ledge. It drops off. It's good gravel and sandy. So it's a better spot for it. And you're obviously out of the uh wetland area there. That was my only question. hilly.

Yeah, it's um you know, everything over there is rolling and hilly and rocky. So, um it kind of conforms with everything else in that neighborhood. Yeah. When I was on the open space commission, the owner approached us for possible purchase of that lot, interestingly enough, and we didn't think it was adjacent to other open space or Yeah, it would be too far back from the road. It'd be pretty dangerous back here to have open space. You probably have kids with rope swings. That's what we do. Jumping off the cliff there. So, any other questions?

Oh, great. Uh, does anyone want to make a motion on the application?

All those in favor? Now just could we just have a little bit of discussion? I'm assuming that Eric puts all standard sedimentation erosion controls. Yeah, it's out of our 100 foot before you get started the actual work. Just have me out there to make sure everything looks like looks good before you start the work out there. So Okay. Just so it has the standard stiss commission on the Okay. Perfect. You're okay with that, John? Yes. All right. I'll second. All those in favor? Uh um any objections? Any obst? Okay. All right. Um motion passes. So uh you'll be getting something shortly from

you need to put a legal notice in the newspaper, but you should be getting actual decision shortly. Okay. Perfect. All right. Thank you very much. Take care. Thank you. Have a good night. Hi. Item number two under old business is 308-1 mile road for a status violation of date.

As discussed last time um as our attorneys here last time um the violation at this point largely been addressed. There is still the pending litigation. Um just today I was in touch with Salah. Um he is based on your um previous uh discussions submitting a stipulation to council for the property owners. Um I think the council for property owners just got it today. There's not been a response but the goal is to get some sort of resolution uh stipulated and they record here. Um again per your discussions last time we are seeking uh our costs um and some amount of nominal damages but uh beyond that again the work itself has now been done and completed. So there's no new update on the violation per se but the the case is still out there. So that's really the extended update unless you have any other questions involved. Doesn't seem like there's any other questions or discussions and I'm sure you'll hear from your attorney.

Well, we did.

We we actually did and I mean you know in all due respect um we we're not going to agree to um you know what's being presented. We uh actually like to really put this to bed and and you know basically you know we've taken our beating. We paid our attorney, we paid our engineers, we paid our land surveyors, we paid everybody along the way. We've resolved the um issues. We've since come back with another application following process in in good faith. you know, we're we're we're following processes uh showing that we we you know, we want to do the right thing by the commission and and the the regulations. We feel like there's no reason to drag this thing on and create more lawyers fees because we're not going to agree to that. We're not we're not going to it's just doesn't make sense. We we had a lot of due diligence that had to be done before we could bring the application. Hiring the engineer, hiring the soil scientists, a lot of work was done prior to coming up with the actual application after the fact apology after the fact application. There was a lot of work that had to be done and a lot of money was spent. and to spend any more money on this, the town's money, our money for litigation. We want to comply. We want to run a gravel operation there. So, in order to do that, we can't be in this situation.

Well, I think the start, can we just state your name for the record? I know we all who you are, but just Ron Ron Swainy. Okay. No, thank you. I appreciate you getting that on the record.

So, I think the next step forward is just to figure out how we're going to close the civil application, which would be the the stipulation. And so, your attorney, our attorney will go back and forth on that and we'll have further meetings to make sure that the litigation aspect of things can be wrapped up. That will help you avoid any future lawyer fees. I I understand that, but I think ultimately the commission has to say so. They put you guys put this in place for for whatever reason. It wasn't Ed. It was the commission who requested this. And I think we should, you know, we should reconsider what it is that you're really asking from us as part of that lawsuit. I mean, it it seems to me like, is there really any reason that we need to go down this road? Do we really need to see who's right or who's wrong? I mean, that's I feel like that's what we're that's what we're going to go in front of a judge and say, "Yes, they violated. Yes, they they did what they were asked to do. We came to an agreement. Why can't we put it to bed?" So because both of our lawyers are not present, I want to be very careful what is said here. I think that the communications that you have with your attorney and that your attorney will have with our attorney. There's obviously going to be more conversation Eric is kind of our our figurehead between meetings and he will converse with us about what is happening in the litigation and where things are. But because you've only got the draft stipulation today, I want you to have time if you haven't already and you don't need to tell us the discussions you've had with your attorney, but um just to be able to to talk about the stipulation with your attorney and then provide feedback or a counter offer

essentially to the stipulation and that will be discussed with us. I mean, we certainly are free to have attorney Cassella here to discuss whatever is put on the table um here next month. But at this point, I'm not sure. I'm not sure again given that there's attorneys out there with stipulation and that there's a lot to a lot to be said for going forward and talking about it further this evening. But you guys might just as a kind of an administrative matter once we get into that discussion about litigation, that's going to be an executive session. It can be. It doesn't have to be, but yes, it can be. and defending litigation

and we did have one month and we had an effective session last month um which in turn Ed used to make the the draft stipulation. So um I just I want to be respectful of the attorney client relationship and I want you to have your counsel to discuss with you just as we want to have our council just to wrap up the aspect of this. So, and it's not saying that nothing will happen for a month because obviously um Ed and Eric, I think Bill

Bill, okay, uh Bill is uh going to be talking to Ed and will be fed information over the course of the month. So, it if Eric can't make a decision without us, we can even call a special meeting to discuss this because we don't want this hanging over [clears throat] your head forever, but we just want to make sure the right avenues are given that we both have attorneys involved. And I understand that, but I don't think you really ever got to we never really talked before this executive decision was made. And we were well, it was our impression that once we complied and and it was going to be it was going to be put to bed, there would be no other stipulations. So that's I guess is the confusing part here is that although we filed the after the fact we complied there's still some there's still some leftover stuff hanging out. So

So without you know providing you legal advice because I am an attorney just the stipulation it's a judgment by stipulation. So, we need that to be able to close the lawsuit if we're settling something before trial. So, that's why there's a stipulation in place and the terms of it are something that can be discussed between both parties going forward. But that stipulation is something that the court needs to basically officially close the matter. So, they're not setting us up for short calendar and, you know, jury selection should you choose it. Um, or or anything of that nature. So, it's just making it so we can move on. All of us can move on from this, close the chapter, but then also have certain protections. The goal from the Wetlands Commission is to have certain protections in place should a violation happen again. And so um certainly you you've seen that in the draft um stimulation and that is something that then can be negotiated between the parties because ultimately the stipulation is something that both parties have to agree to to get the the lawsuit ended essentially. So it's it's just a matter of process for the legal system to be able to to close this chapter for for both yourself and for the T.

Thank you. Derek, anything to add or No, I think again at this point the less senator the better because again if he's in the attorney's hand we'll get hear back from whatever has to say within but we appreciate you being here tonight and voicing that.

All right. So, let's move on to old business number three, which is application 25-24 for 308-1 Mile Creek Road, the application for a spillway pipe replacement. So I think I feel like we're at a standstill because you you're keep asking um for an opinion from the town engineer to you know discuss what was presented for at first it was a pipe replacement. Uh my calculations um weren't adequate for the engineer because it wasn't an engineer who presented them. Although the pipes that were there um were more than adequate. They've been there for many many years until they got blocked by the beaver and the water came up and and then it washed the sides of the dam out. So I came up with an alternative so that wouldn't happen with an overflow spillway that um created another um list of engineering questions on basically a pond retainage with a spillway. So we then moved to a check dam which seemed to be much easier um to understand. uh presented that and got uh almost I think pretty much the same answer from the engineers that he wants somebody to engineer that. Um, I think my stance at this point was or all along was we're not going to hire an engineer to maintain water uh in a pond um that we can you either put a simple spillway in or we could have done a polar pipe uh replacement

um which would have been you know either one would have been very easily uh done and um I think that at this point either you know we allow the beaver's dam is doing a great job today. I mean, it's he's gaining ground. Every day he's there. He gains another inch or two on it. The pond's getting fuller and fuller until we get some real rain and it comes over that and then it'll empty the pond out. Cuz once it starts chewing on, once mother nature puts her fist to that beating dam, it's not going to hold that sticks and and u So what's going to happen? It's going to continue to wash the sediment and infill the wets. You ultimately we're all about the wetlands, right? And it's clear we go down there and that's it's infilling the weapons. So the only saving grace we've had is we haven't had any rain and you know it's just sheer luck. I think it would be irresponsible not to do so. and to require an engineer to devise a device that can be easily done in the in the current situation that it's in and it was done way prior to me uh without an engineer and it's worked for 30 40 years probably it's been in there. So the pipe size isn't a problem. The beaver's the problem. And a part of the initial was I created a great system that wouldn't block the pipe, but for whatever reason, it created more engineering than I wanted to spend any money on. I just wanted it.

The p the pond water has no value. But again, it's irresponsible to let the water wash the fines into the wetlands. What are wetlands? You guys are protect wetlands. You went down here. You saw what's happening. So, it would be irresponsible me to not come in, file an application, pay the $350. I couldn't just let it continue. So I come in here now to ask your help on do the responsible thing and let's put a check in there that I proposed you have no skin in the game. If it passes or fails if it fails I come back and I'll bring you a new plan. I got a feeling I have enough experience in this business that I can build a check in that co in that trench that's going to do way better than that beaver dam. And right now we got two decisions to make. We let mother nature take her course or you approve something that we can get there that going to be way better than that deal. Thank you, Mr. SW. So, if

you have any questions, be more than happy to help you with, you know, any of the plans and and any of the things that are presented. If you have any questions at all, giving the elevations, the material, any questions at all, I'd be happy to answer for you. And Eric, can you just fill the commission in again on your discussions with the town engineer?

Yeah. After last month, you guys directed me to take the materials I had and Briden Jameson's office and see if they were able to review them. Um, I sent everything over there. Um, Aaron Mortonson reviewed them. He gave me literally a one sentence answer which is I'm unable to provide meaningful review based on materials provided. Um, so at this point you have again whatever Mr. is posing. Um, my engineer is unable to review it. Um, you want to take a strange word, great. But again, you specifically sent me to ask the engineer what he what his thoughts were. The engineer basically said, I can't give you any thoughts because I don't have enough information. So, again, if you, as Mr. said we really have two choices which is say the application is incomplete um because you're not enough information or take it for what it is and approve it as presented or [clears throat] as as modified. So um I don't know what else to offer you but again I did follow your instructions. I did seek input from the engineer. The engineer said he was able to review it and here we are. Thanks Eric. discussion questions.

I'll start it off. Why not? Um, we've done we spent a lot of time on this property. Um, probably going to spend a lot of time in the future as well. And my only concern is is that if something is going to happen in a waterway that's been very problematic for us in the past, it's important to know what's going in and then it's been properly designed. Not that I'm, you know, saying that Mr. Sweeney doesn't know how to do it, but it fails and damages someone downstream. He doesn't have a DC stamp that's responsible for the design. So the town could be responsible for proving something that fails. Um we've got to really depend on our engineer to evaluate it, have enough information to evaluate it and tell us whether or not it's going to work and it's stable. And my gut feeling is if we don't if our engineers telling us that they don't have enough information to evaluate it, the application's incomplete and it needs to be turned down for incompleteness at this stage. That's not to say that I wouldn't be in favor of an engineered plan in the future that someone has stamped and said this is so that being said to roll the plot back to what was approved by this commission on the removal of the head wall studs and what was done on that

on that burn. No, my my point I'm not finished. I was talking. No, you don't. No, no, no. The commission is start to talk right now. You give your presentation. The chair asked the commissioning members to he gives their statements. We'll come back to you in a few minutes. Okay. Yes,

that's so we're talking about the permit in front of us, which we've asked for engineering. We've been told that's not going to happen. Uh we've looked at it. We've had people that are knowledgeable on construction look at it but are on the commission and still had question without the town engineer saying yes I agree with Mike that this is incomplete

anyone else right I appreciate everything that you've been working on Mr. But I do agree with Mike and John in that you know this has been a site that has caused problems at least in more recent history and this particular project should it fail you know then it's looking like the town the taxers are going to be on the hook if something fails and causes property damage to somebody further down street. I completely understand that.

So that is why we're asking for an engineered plan. It's not because we doubt you know your real world experience. It's just having the engineered plan also provides you protection in that should it fail you can go against the engineer who planned it and have protection yourself. And I'm sure your insurance company or that property would also appreciate that as well. So, I think what we've talked about in the past and here tonight is that um we're looking to protect the wetlands. We're looking to protect you. We're looking to protect the town. We're looking to protect property owners downream. And I know you keep saying that you you have spent a lot of money in in this center from the other um you know violation hearings that you've had to go through with us, but then also this application. I respect that. I understand that it's really costly. But if you're standing to have a gravel operation here, hopefully that money will be removed at, you know, at a at a later date. But at this point, I I can't be in support of moving forward with the plan as you've drawn it.

Can I talk now? Did anybody else have any?

Yes, Mr. S. So I would like to just point out a fact that the decision to remove the boulders and the BM on the previous was done by the commission, not the town or the any engineer. Even though we did have an engineer state that the rock should stay and the BMS should stay. In their professional opinion, they gave you that and said that those should stay and the commission without utilized the town's engineer made the decision on your own to remove those rocks and that bur. So, it's it feels like a double standard. You pick and choose when you want to use the town's engineer and when you want to pick and choose your own professional opinion. You [clears throat] used your own opinion on removing the rocks and the burn and you didn't use a professional. But yet this one which is in in in the in the big picture of things maintaining a private pond water versus the threemile river. We're talking apples or the pond bleeds into another pond which bleeds into a a wetlands. There's there's basically no real damage. If something was to go wrong with the three mile river that washes downstream and that affects all the way to Point of Woods. So you made a decision on the three-mile river commission and yet you won't let me make a decision on my own bond. But yet, we let a couple come in here a month ago and and they dredged the pond without an engineer. And I I don't even know if there was any

supervision. There was no provisions. I don't even think there was a a map that shows where the silk fencing was going to go down there. And they got permission. Just a couple who's not even in the business. They didn't even bring an excavator here. So, I just feel like I do feel like we're picking and choosing when you want to use the engineer and the professional and when you want to use the professional's opinion. I paid for them. We used them and you went against them without another professional's opinion. I just feel like that's why I presented the other one. I figured if you're not going to go with a professional's opinion, then why can't I present it myself and get the get the pond uh stable cuz it's on my own property?

Yes, sir. I have a brief comment to that. Okay.

Okay. I don't think they're comparable. Number one, the activities that we had under the violation were installed without any engineering approval. None. Zero. Just happened. But we did as a commission and I don't think there was any justification ever presented to this commission that the burn had a purpose was doing what it was supposed to be doing and we didn't get that from the applicant. We basically removed what was put there without a permit without engineers design or anything and basically can be restored and that was done based basically on our professional opinion. We do have some expertise on this um commission. There are other things that probably should have been done that we aren't there yet. So, but it's they're not the same and the circumstances are different. Had someone come in and made an application to do those things, put the burm in and do the rock placement on the river, we don't know. We would have approved it. We probably would have asked for some sort of engineering analysis. Is the berm going to be effective? Is it in the 100red-year flood plane? We never had that opportunity. So, they're really like apples and oranges. They're not they're not insane in my humble opinion.

I respect both points of view. Um, and I appreciate you talking about the other applications, the person dredging their pond, but I think that's also for private like private use. It's a family property that it's not a commercial operation. It's not helping a commercial operation. So I think that's also a concern because the the scope of the work that you're doing, the machinery that will be traversing that area is also a lot heavier than you know the pond that you're talking about was not going to touched by vehicles or anything after the fact. And yours is

no. It's so the pond I'm thinking of because it has been a while since I've been to the sidewalks. I'm physically unable to walk sites anymore. But it it's along a road, correct? And it like there's a there's a pipe that's going under the road that heavy machinery will be on. No. Okay. No, no. This pond stands alone, but when you come in, this pond stands alone. It used to be a silk basin,

and it's no longer going to be a silk basin. There'll be no more silk in those three ponds. So all we're trying to do is maintain the water level of this ponds because when you guys went down there you could see that it was down three four feet. You could see the rust line of rock and it was basically almost to the mud point. So when that trench emptied out it it drained those ponds. So in any of the animals in there, you know, you only have a little bit amount of water in there. So by us putting the dam back in there, we'll wind up with at least 4t of water back in there. by just putting a check dam in there. They're just holding the water back. So any rain water, there's no any water, there's no influx of water. The only water comes through there is basically the driveway and when it rains and when the three mile river breaches, it'll come over the road. It goes into that pond. So that three mile river breaches, comes over that road, everything goes down through that solution and washes those fines into the weapons. That's what's happening. Fortunately, we haven't had any rain. Have you seen the pictures?

I've seen lots of pictures. Yeah. No, no, that what's happening over there? The ones that you sent in at the last meeting. Yeah, we have those. Yeah, you have. Yeah, I think we should [snorts] I think we should review what's Okay, this is application at this point. So, so you've made your case. The commission wants to review. They came over here. So I still stand by my earlier comment that I think having an engineered plan protects everyone. So I would agree with Mike and John in that the application would be incomplete without the engineer. Any other discussion?

I would make a motion that this application be denied to bring in completeness and cite the lack of adequate engineering analysis. Second. All those in favor? I Any opposed? Any abstensions? Motion passes.

Moving on to business item number four neck road and to Sharon Drive for a status violation of air.

Okay. um I sent it out to you and I have part about this here. Um this one of the um sort of updated handle regarding what's going on in that site there. Um at this point it's been about six months now since we first had uh you know the original version of this bill and the original folks who folks sustain um we don't have a bond. we don't get noticed with his work on the site. Um, you know, he's not really maintaining what's going on there. Um, I don't really know that we're getting the progress we're hoping for. So, I, you know, giving this to you to say, okay, folks, I think I'm going about as far as I can go on this and maybe it's time to talk to Ed Cilla about what we want to do next year. So, um, yeah, I did send this out. your questions about it. I'm not going to answer them. But the short version is that the things you had requested, you really have not received. We have not gotten any sort of engineering report from them. Um the forms that were in the bottom of that foundation are now gone. So I saw somebody removing them, but we don't know if the foundation is in the right place. We don't have a planting plan for that 20ft buffer area. Um again the swing who just left put in all sorts of check dams going down where that erosion was occurring but since they were put in there's been no maintenance of them. There's a huge pile of dirt that's sort of sitting there just off to the left hand side when you drive in. There's no erosion controls around them and they've been digging into the side of them. So you've got basically sheer slopes there with no no 3 to one sloping no erosion controls. It's going to cause again does rain it's going to collapse. Um it's a

very dangerous situation. Um and I just don't see it getting better on its own. So I don't know if you have questions about where we are but um it's it's not encouraging. To just say really quick, I didn't ask for it to be here tonight. Just cognizant of his time, our budget, but I figured we've been through this process very recently. So, we kind of know if we were to start litigation really know where we're going. But so, um I'm I I'm the new guy here still, but uh we kicked around on this on the Congress. Why don't we go down that road? I I thought I read some place in this heard some level financing.

He came in last month and talked about I I read the um the minutes. I wasn't here. Is that something that we could ask repeatedly for? Well, then it hasn't appeared. So, it to me it's not only that it's not only the inaction, but uh he's done work without notifying you and he had people in the wetlands at one point. Yep.

Doing the shovel work without notifying you. Um that hasn't been quantified. Uh certainly probably hasn't been documented. Um, so I I think any, you know, without making any move to put up the bond that we've asked for months ago, I think we're at the point where we have to uh direct council to the to start the litigation. Eric, are where do we have a cease and correct standing on the

So he theoretically shouldn't be doing anything without working with you. Yeah, you directed him to with um the soil scientist excavate a certain portion of there in a location supervised by the soil scientist. Again, they had four guys digging in there.

No supervision, no um no evidence that it was exactly what he was asking for. When I was there, they were literally taking the soil end up in another location within the 100 foot review area. So we were just picking up this soil from one part of the wetlands and moving it to a different part of the wetlands. Um so again I'm not sure that progress. Um yeah theoretically other than the things you directed him to do regarding mitigation of that wetlands um he should not be doing other activity in [clears throat] that area. Again I think you did allow him to remove the forms on the bottom of that foundation. Again, I I can confirm that those are now lawn, but as a sort of condition going with that, he's also supposed to give you an accurate map showing where the foundation is, and he's let you prepare some sort of buffering plan that shows that 20 foot buffer you asked for along the the south edge, I guess it is, of that that site there. So, um, you know, we've gotten some work done, but again, without notifying me ahead of time. There's supposed to be some sort of inspection schedule that you're supposed to create with me. There's supposed to be some sort of accurate erosion control plan that's supposed to be filed. I don't any of that. Um,

just when you left, I'm actually that would be helpful. Um, well, that was it got brass for a while. Yes. Um, and my understanding is of any of his creditors, Mr. Swainy actually took his money and walked away. So, um, that is why I don't think it's being maintained at the moment because again got paid and and walked. But again, we are where we are. Um, and I just don't know what else. I I just run out of tools to use at this point in time. I I think we've been very patient. We've tried to look at the applicant and uh we're not getting the response that that we and it's just unfortunately time to move to location.

Now, what walk me through the litigation? So, we talked to our attorney, they go to court, the guy goes bankrupt theoretically because he can't he has no money to post the bond. Yeah. Someone new will hopefully come in and some dollars and straighten it out. the because we're not going to have the money to do anything to fix it. We in the town have the money to the property. Well, we certainly don't want the property to sell. We're not in the developer business. But what we do want is whoever steps in after these guys go belly up

and I'm guessing it's just a matter of time um has to know that what they're stepping into is a situation that they're going to need to fix this. Yeah. But it's it's relatively straightforward and not saying it's inexpensive. Obvious what you need to do to resolve it.

But by getting the litigation filed now, that sort of puts anyone who theoretically does due diligence to buy it. They might do a record search on the court to see if there's any litigation out there negotiation to advantage. you know, it it it puts them on notice of what needs to happen in a way [clears throat] that like for instance on Lord's Meadow right now, um we have a situation where they have lost control of many of these lots and the road is not finished.

So, we're holding a $100,000 bond, a $500,000 job, and the people who took the locks away are saying, "Whoa, whoa, we're not the developer, not us. don't come looking to make coal and theoretic the road is still owned by same people in Oenos, but they're not going to fix the road. So, we're kind of at an impass there. The buyers didn't know going in that this was an issue. They told me, we didn't know. So, the goal here is to make sure whoever steps into their shoes, and there's going to be someone who steps into their shoes, um is going to know upfront. The only way to make this go is to fix these problems.

This is almost consumer protection action. Well, it's it's a way to make sure that again, no one can tell me like they did with me, we bought people. We didn't understand the problems. Anyone who who comes in and takes these lots away from us, you know, is going to have to know that they're going to have to solve these issues. And some of them, you know, again, the road and the pipeline of the road, that's not going to be cheap to fix. Um, that's why our engineer said $100,000 bond, right? 50,000 control 50,000 to fix the road. Um, and again, we haven't received either of those. Um,

zing has something standing to it's not it's a subdivision issue, right? It's not so it's a planning issue. It's not a it's not a zoning issue at least at the moment. Um, so yeah, this would be a subdivision failure. In theory, we could revoke the subdivision over this. I'm not sure we want to do that either. Um, but uh, you know, the only advantage at the moment is he hasn't flipped any of these lots yet. There's nobody there's no consumer who's like living in any of these houses yet. I don't get cos on them. Um, I put him on notice that he pipe is fixed. I'm not issuing cos because I'm afraid if that pipe fails, you're not going to be able to get to those houses.

Um million dollar. Yeah. Yeah. I mean, and again, also, but it's a fire and a fire truck can't get there because the road is failed. You know, it's a problem. So, do we need a motion to direct our lawyer? I'll make the motion to direct the lawyer to commence litigation against the property owners of 16 Neck Road and to Sharon Drive for the reasons listed in the status violation update. Second. All those in favor? All right, everyone. Motion passes. I'm sorry, folks. I I really don't want to get to this point, but it's

You've done a great job, Eric. We kind of knew who we were and we gave them chance after chance after chance and it's time that possible. Yeah. Well, particularly he came here last month and gave this whole wonderful story about everyone's going to get paid and it's all terrific and there many problems. It's all going to be solved and he's not here. He's not he did get a copy of the new memo. I said we will be discussing it tonight. Yeah.

And he's not here. Um, and he hasn't contacted me at all in the last month. I have received nothing from him in a month. So, you know, I I just don't know what else to to tell you. I mean, I I don't I don't even I don't relish doing this sort of thing, but I just don't know that we have other goals. So, I think um that should cast a wide net on the Okay, I will pass that along. Um because at this point taking off my

with the refinancing, the properties have changed LLC. So he has the old LLC, the new LLC, you know, the guarant all of the above. So I will let Ed know that to cast a wide net on this to try to make sure we we get it done. Okay,

regular business item number one report. two things to briefly talk about. Um, as you may recall from last one, um, Miami Beach, they sort of took a portion of the parking lot and piled it against the side there. Um, after a fair amount of back and forth, they have now undone what they did, strap everything, put it back where it was. Um, I'm not entirely thrilled that it got put there and then taken away, but I asked them to take it away. It's been taken away. I think it's pretty much a closed issue at this point in time. Uh if they know if they're going to do this again, come get a permit before you pile things next to the river. So that's one. Um 16 meeting house. Um I think I also talked to you folks about 16 meeting house. Um property where they have clear cut um down to what is a very steep slope going down. There is a water course at the bottom of that steep slope where they have clear cut is within 100 ft of that uh at my direction. The guy who was cutting has put a wood chip berm along the edge just so I have some level of um control there should it rain. Um that said after some fairly tense back and forth with the owner um he left here with an application and he said he will be filing it. um if he does not file it, I will be back in touch with you folks regarding what happens now. But um he insisted he had no idea. Okay, great. He had no idea. But at this point, um he did clear about a half an acre's worth of site. Um and again, it also may come to the zoning commission because you need an erosion control plan to clear half an acre of site. Um, I did talk with um, one of the attorneys here in town, Fran, regarding that situation.

He's representing him, so I know he has counsel. Um, and we'll see where we go from here. Um, but, uh, again, he he has an application, he has counsel, so hopefully you'll be hearing from him at the next meeting. And I think that's about all I have as far as violations, unless anybody has issues that they want to bring up at this point. saying that. I mean, he's claiming ignorance, but you know, somebody out in Greenwich also cleared a lot of lands and got in trouble. I'm just saying. [laughter] You should know.

I understand. And he got notice. Um, he claims the notice I sent to the wrong place because he wasn't [clears throat] acting the place I sent it to. Great. Now he knows and he's been in here and he has an application and he has representation. So hopefully we're going to get that moving in the right direction.

Anything moving to reading and approval of the minutes uh for the I'll do it in two parts because I didn't go through the sidewalk. So for the September 23rd regular meeting minutes, did anybody have any changes? None. Um, I'll make a motion to approve the September 23rd regular meeting minutes. [laughter] Thank you. All those in favor? I Any obsession for repeat? Okay, perfect. Thank you. All right. Well, we do have a quorum on the on the um

Yes. So, good. And then for the September 29, 2025 special meeting sitewalk minutes. Did anybody have any changes to that? Seeing none. Um I will not make a motion because I was not. I'll make a motion to approve the minutes. All those in favor? I understand. Okay. So we had So we have only three. So that's okay. Right. Three of us there. Oh, it's a No, it's a five member commission. That's right. We have

Perfect. We have a lot more than five people at this meeting. I forget. Yeah. Right. All right. So, motion passes. Anything else that the order? Everyone agrees. Thanks, everyone. Um, if anybody wants to car, we'll do a spectacular meeting. I know two of us. My wife has a table and I'm going.