2026-10-22 - Conservation Commission

00:05Thursday, October 22nd.

00:14So, I just make a motion to accept a

00:17minute.

00:35I

00:50One

01:05So the first hearing is continuation of

01:07public hearing

01:14violation.

01:16and

01:30anything.

01:40Okay.

01:47American

02:19I don't have

02:34His

02:43walking

03:11%

03:28of

03:30Thank you for

04:25It doesn't exist.

04:29>> So Massachusetts corporation.

04:42State.

05:16August 202.

05:21John

05:58And that's what it says under Pelican or

05:59TV.

06:26have anything that we have

06:40County.

06:57I know.

06:59>> Okay. But but that's selling it did not

07:03violate

07:07but it wasn't on there.

07:10So I mean the problem are

07:16you can't do anything right

07:27anyway.

07:41I thought you said

07:48>> okay. So that's not in play right now.

08:02So 15 were sold to TV assets,

08:07>> lot 15

08:08>> and lot 15 was sold to Pelican Holdings.

08:18Say how much that

08:24475,000.

08:37And the principle is

08:56So um just a roundabout background. So,

08:59it's saying that Pelican was created

09:02this June. And what about TV?

09:37existing orders on each wall. The whole

09:55So each

10:03basically saying the bank was owed 175

10:06and that's

10:27Don't

10:30think

10:39of all

11:08Yeah.

11:11talk about

12:32Are there are there actual

12:39or like

12:41what what's wrong on those lots? Is

12:43there uh on those?

12:46Is there

12:55I don't know. I don't know if we're even

12:56going to be able to

13:00um if it doesn't have a wetland

13:01violation on it. The building might be

13:04able to use something and hold them to

13:06it.

13:1815

13:25m.

13:40Okay. Turn around.

13:57Whether or not we have

14:16Facebook.

14:29>> Sorry, I'm still getting

14:33>> Did we have enforce? I know we have

14:35against

14:37but they have to be related to certain

14:39law.

14:43>> These were lots that were listed.

14:48Okay. So what I'm seeing here is is

14:52good. Um

14:54in the conservation commission can

14:57enforce wetland violations against a new

14:59property owner even if the original

15:01violator sold the property.

15:05Um, any person, this is the actual

15:07statute, any person who purchases,

15:09inherits, or otherwise acquires real

15:10estate upon which work has been done in

15:13violation of the provisions of this

15:15section or in violation of any order

15:17issued under this section. The fourth

15:19risk comply with any such order or

15:21restore such real estate condition prior

15:23to any such violation. It establishes a

15:26three-year deadline for commencing an

15:28action against that owner.

15:32Wait for you.

15:34measured from the recording of that

15:36owner's deed or the relevant date of

15:38death for inherited property.

15:48The new owner must the wetlands

15:49enforcement manual says that the new

15:52owner must comply with it. However, I

15:54recommend issuing a new WPA form to the

15:57current owner identifying the out in

15:59violation required.

16:10We're going to have

16:27confirm the new report.

16:30Okay. document that violation

16:35and take pictures now that this is the

16:38new owner to show that on this date this

16:42is what it looks like. You know what I

16:44mean?

16:47Issue a new form address to the current

16:49owner following the required commission

16:51approval and service of procedures.

16:54So, it's probably going to have to

17:02consult town council regarding the

17:04threeear statuto deadline and any

17:06judicial enforcement action.

17:30But

17:56they

18:13building

18:16as well. So

18:20I mean this is up to but let me see if

18:36properties.

18:40Go ahead.

18:45I think I think we should look more into

18:48this.

18:54Excuse

18:59me. So are you saying like there's

19:01notice of intent here for everything

19:05>> because it is one notice of intent.

19:07>> Yeah.

19:23from

19:25it was being

19:33>> um Oh, and the um the ones that went to

19:38Brookfield,

19:41they're being returned to you back

19:43already.

19:43>> Oh, yeah. about that.

19:51>> You emailed, right?

19:53>> Okay.

20:14I'm worried that those are well it can't

20:16be his because he got money from if he

20:19had the money you know I mean like you

20:20were just create another you know but

20:23yeah

20:25>> I wonder if it's a friend of his

20:31>> but on the other hand somebody somebody

20:33in that transaction, somebody paid the

20:35the mortgage. So

20:38whether that was him or somebody else,

20:40do you know what I mean? Like somebody

20:41put up money.

20:42>> I don't I don't think it's going to be a

20:44completely right sort of paperwork kind

20:46of thing where he gets out of anything

20:48because those mortgages

20:51have to get paid

20:52>> according to

21:04building.

21:30>> Yes. how that how that would work for

21:31you.

21:33Generally, Massachusetts building

21:35inspected stock work remains effective

21:37after the property was sold. The change

21:39in ownership does not automatically

21:41cancel the order or authorize

21:42construction to exist.

21:45This is different from a conservation

21:47commission order

21:49for a building inspected stop work

21:50order. The relevant authority is another

21:53citation.

21:54Stop work order remains in effective

21:56sale does not lift the instruction. The

21:58new owner cannot simply resume work. The

22:00building official must determine that

22:01the conditions supporting the order have

22:03been resolved and that the work may

22:04lawfully proceed. The new owner can be

22:07required to correct outstanding

22:08violations. However, liability for

22:10penalties arising from the former

22:12owner's conduct is a separate question.

22:14A new stop work order is not necessarily

22:17required solely because the ownership

22:19came. Nevertheless, the new owner with

22:21written notice that they enforce their

22:22practice.

22:46What did we do last time that we made

22:48sure that we had to do it right away so

22:50that he couldn't touch it?

22:53Right.

22:58We issued a new enforcement order

23:02and made sure that

23:07>> Why were we doing that? Why didn't we do

23:08the new

23:16>> and we said only the federal because

23:19they require us to let them if they were

23:21to give them an order. Yes. other than

23:24federal is not to touch anything. So the

23:30right to come in and put it in controls

23:33if needed. Correct. And then

23:38um

23:45um

23:48I have to read that.

23:50So the question would be

23:53We don't know if you disclose.

23:56Is there anything on those properties

23:58that says self work?

24:01Those things that you've been asking for

24:03forever, those aren't there, right?

24:05Nothing nothing on the property.

24:09And but a deed research would have would

24:12have pulled up ours anyway,

24:15>> right?

24:33I guess it would have to be

24:38a new interesting

24:40thought before

24:53department.

25:16Thank you.

25:32You know what I mean? I don't know how

25:38>> it might be.

25:47No, we've been mentioning it a couple,

25:49you know, for for a couple of months

25:51now.

26:05>> No, they're not doing any work.

26:10>> Okay. Is everything holding

26:12or what?

26:23We Yeah.

27:02has been out of it. It's the federal

27:05rating, but

27:36We don't really want to get

27:46to make sure our eyes

27:51are

28:06I think um

28:10if you feel comfortable, I would say a

28:11vote on issuing parallel

28:16enforcement orders to the new owners is

28:18probably a safe vote to have. And

28:20obviously if were to hear that we

28:22shouldn't we won't

28:25but we would have your permission if we

28:27you know if we get that's

28:33>> right yeah so so I'll say it this way

28:37someone could make a motion if they want

28:39to that um um duplicate

28:46duplicate enforcement

28:49orders

28:52be issued

28:55to the new owners

28:58of lots 15 and 16

29:07to be assets

29:12and

29:16not right that

29:22It's

29:26>> okay.

29:37And to record them if appropriate.

29:42If appropriate. along with let's record

29:45all the other

30:10>> We're gonna get it right off one, right?

30:19I'll get I'll get it.

30:27>> Um, do we have anything already at 5:30?

30:50You don't have

30:53when I first

30:55when you

30:57get that email, it will tell us when I

30:59had the

31:07I might have it in

31:40All right.

31:56Okay. So, and that's

32:02124. Okay. So we continue this one until

32:045:30 November 5th

32:08at

32:095:30.

32:47Okay.

32:49continuation

32:54building

32:57the parking area along.

32:59My father.

33:27Okay.

33:34So visit

33:48my understanding

34:01I sent it to Katie and

34:06I wasn't sure who the contact was to

34:10send it to. So I wasn't sure if Katie

34:12had been able to relay that to somebody

34:16I was supposed to send that to.

34:34So there was

34:37concern I

34:44was 250.

34:59from the road.

35:04>> What was that? Sorry.

35:17We'll work with the natural landscape.

35:19We will certainly have to so that it's

35:22enough for vehicles to get in.

35:27We don't plan to raise the level of the

35:30parking area.

35:36in

35:39that

35:43middle. Okay.

36:06Yeah.

36:26the road.

36:39The land

36:42It's going to go

37:05water towards the

37:08property and I don't think any water

37:11would be coming off of the area into

37:20anything

37:22like whatever.

37:37I don't think that that's going to

37:39affect

38:07No, they're their comments. for you

38:10basically and and when they don't like

38:12my family

38:14they don't agree with it but um you know

38:18we always do try to get the word out to

38:20them and see if they you know have

38:22anything further like they did that one

38:24time they usually don't

38:28know

38:40If anything happens

39:14So on the other side of the street,

39:44about

40:10So, it's just going to

40:53Okay.

41:25We have to mail an original copy to the

41:28applicant. That's you guys, right?

41:33sent to our boss. You want me to tell

41:36you the address?

41:39>> No, that's okay.

41:42The address

41:44233

41:48m6.

41:56>> Okay, perfect. Thank you.

42:00Oh my god.

42:30I know

42:33that.

44:08Massachusetts,

44:16Michigan.

44:21meeting on Thursday, October

44:42located 165 road.

44:56I also was I am also a big fan of Oxford

44:58College

45:01that's been up there for probably

45:09never

45:12Yeah.

45:29So all of us here, the four of us

45:46they really

45:48have Our

45:51biggest concern is the to

45:55have it continue without addressing it

45:57because that to the flow of the landfill

46:00is a big component of the land. So

46:02that's really what we need to do. Um you

46:05know Marissa has really been heading up

46:07this project. Not that we don't follow

46:10wildlife but this is incredibly

46:11inferior.

46:13Um, so you know the I think we've got a

46:16pretty measured plan with working with

46:18Beaver Solutions to try and get that dam

46:20level down in a controlled way that

46:22makes them not want to be there anymore.

46:24>> Um, and hopefully they'll take off the

46:26greener pastures with beavers.

46:29Um, and then we won't have to do the

46:31selective crafting from there. But I'm

46:35pretty disappointed

46:36there.

46:42>> Long term

46:50go

46:55>> there's not really a flow. There's no

46:57really stream. But the reason that

46:58they're doing a draw down instead of um

47:02receiver is because this is able to kind

47:04of control it and it also allows

47:07everything less material um also kind of

47:11dam

47:13all that material kind of get damned up

47:15with it and so doing this it has less

47:18material actually gets blocked up and

47:21deal with as

47:28Yeah,

47:29>> I forget that

47:32every day.

47:45>> I think it

47:48as well too. you know, in the summer it

47:50probably will go a lot faster than, you

47:52know, in the fall when we're seeing more

47:54rainfall. Um, but I think the whole

47:57point of it is, you know, do it in

47:59control, which is why, you know, hiring

48:03solutions to do it, although it's not

48:04the cheapest solution, the control. So,

48:08there

48:14do

48:16>> not. I think we're going to see. I mean,

48:19I spent a lot of time in that wetland

48:21over 22 years. I spent a long time in

48:24that wetland and it was always

48:27>> an organized channel. No, you know, some

48:30places maybe double the size of this

48:32table, you know, but always came back to

48:35something you could just pop over. So, I

48:38would like to see it go back to that.

48:40That's what it has always been.

48:50They all came down. I don't know whether

48:52it was a windtorm or whatever. We've

48:54been keeping an eye on this area for

48:55quite a while. Um and then

48:58two visits ago. I was like,

49:04it didn't happen one year, one there.

49:11>> They don't like their feet wet. Those

49:13trees don't like it's continuously wet.

49:16Continuously wet.

49:44It's not because

49:47you have to have enough water so that

49:50the fevers don't sense that water flow

49:53or the change in temperature is how

49:55explained it.

49:57that you'reing from them that they don't

50:00feel that water moving. So they just

50:02they just

50:04need a certain amount of water.

50:08>> So So this will keep the water from

50:10spreading and doing more damage

50:12>> and then and that that's all we need to

50:14do. There's no other

50:17comfortable. Okay.

50:18>> Yeah. We're hoping that they'll leave

50:24that down they might just go.

50:27>> That's what they're hoping for. But if

50:29it doesn't work out, um then we will

50:33hoping to turn their ocean condo into a

50:36streamide condo. This doesn't give them

50:39the information

50:41and they say, "Let's go find a better

50:43place." If that's not the case, we can't

50:46keep the water.

50:48Then we will have to trapping

50:54right

51:01>> and that's

51:08O

51:20So, um

51:22it was the main

51:41Maybe that's the condition to continue

51:43to work with.

51:58>> Can we say licensed contractor

52:00just in case the solutions goes away

52:03that we can hire somebody disqualified?

52:12properly contractor.

52:19They've been around for a long, long

52:20time, but

52:23they want to have to come back for

52:24something that

52:33Yes.

52:45>> Motion to close

52:59that.

53:09Thank you.

53:24at the 165 road.

53:30>> Even though I sent you guys the wrong

53:32one,

53:40>> oh my god. I went home and I called my

53:42dad and he was like, "Oh, you didn't

53:44know Google and Apple." I was like, "No,

53:46I didn't.

53:49Well,undome acres is 165 road. So, I

53:53have spent quite a bit of time going,

53:55tell me what you

53:57stay right there. I'll come get you.

54:14I think I got you.

54:19>> Thank you very much.

54:42Is she working with Tracy?

54:44>> Yeah.

54:55That's great.

55:26November.

55:47Okay.

56:00Well, I just wanted to let people know

56:02that we're doing

56:21computer.

56:28This is a little bit different.

56:36But I love the

56:38campaign that's

56:42Um,

57:01sorry.

57:03Library.

57:04>> Oh, actually

57:12It's called

58:41Got to

58:45Usually I usually end up

59:05October 27.

59:12The purpose

59:18in

59:20the project

59:35on

59:53Um,

59:56so for the for the public record, my

59:58name is David Cow. I'm a senior weather

1:00:00scientist with Hancock Associates here

1:00:02tonight on behalf of 64 must be real

1:00:09on the sidewalk

1:00:12certain representative of the property.

1:00:16So, as I um as I understand, it sounds

1:00:19like uh the commission was notified of

1:00:22work on the property and um as for

1:00:29at least whether or not

1:00:40to

1:00:45possible.

1:00:48So once um once once this is brought to

1:00:52light and and I retained um to to

1:00:55investigate this many brought up two two

1:00:59points that that I concur with and that

1:01:02there are a few exemptions afforded to

1:01:04the scope of work that's being done here

1:01:07how it is being done in river and within

1:01:10the LSF. Um so the the first exemption

1:01:14is the first no complex in private

1:01:16property had been or was it no complex?

1:01:20it has afforded these exemptions for um

1:01:23purposes that predated I think 56 or 64

1:01:28but no um yeah

1:01:32go back to look at San the one of the

1:01:35important things about that there is a

1:01:37nuance that it doesn't exempt the entire

1:01:40property it only exempts the areas that

1:01:44were developed as more complex

1:01:48historically would have

1:01:50This has come up in my time.

1:01:53You may know Billy Roth

1:01:56she

1:01:58and I had to tell other people. Look, it

1:02:01doesn't we've had people looking to work

1:02:03parking lots on

1:02:07>> no that's and then the secondary there

1:02:10is an exemption afforded to uh the the

1:02:13repaving roadways provided that it's

1:02:16it's

1:02:17time

1:02:19repaving you can't change the grade you

1:02:21can't foot you must so I believe we

1:02:25reported those two exemptions however I

1:02:28did want to just go over the the the

1:02:29research areas for work and even when

1:02:32work is exempt I mean the the

1:02:35expectation is that the work would be

1:02:37performed with all practices

1:02:40control

1:02:43even if if you guys had some qualified

1:02:52so I thank you guys for doing a good job

1:02:55so the two refresh areas one is uh river

1:02:59area is the most prominent out here with

1:03:01the the river and the where is it the

1:03:05country but it looks like there might be

1:03:07a confluence down here that comes around

1:03:11right here of two rivers so so that's

1:03:15confining and basically everything in

1:03:18here is within

1:03:20secondary the other resource area is

1:03:22bordering land subject to flooding and

1:03:25if uh you guys are familiar with this

1:03:27resource area it is uh that the 100year

1:03:30flood claims it is typically an

1:03:32elevation that's determined by FEMA and

1:03:36the regulations for that is there's two

1:03:38performance things if you if you are to

1:03:40fill any areas of land subject to

1:03:44flooding uh what flooding uh in in

1:03:48theory is a volume that that if if there

1:03:51was a 100redyear storm that that it

1:03:54floods to this elevation that these

1:03:56areas that are capturing all that

1:03:58in. And so if you were to displace those

1:04:01by filling them in, you dislike.

1:04:06If you were to fill off or below the

1:04:09flood plane elevation, you would need to

1:04:12compensate by creating flood storage

1:04:15someplace else.

1:04:20We're repaving the original. This is

1:04:22this is at the same

1:04:26taking that off. it,

1:04:29leveling it, putting down the, as you

1:04:31said, the base coat and and now the top

1:04:34coat. Um, I don't think that any of the

1:04:37the there's been no change of water that

1:04:40would require a report.

1:04:45So, um, and typically when they do

1:04:48things like this, they would have

1:04:51they would work with private rules and

1:04:53edits where they do work. Um,

1:04:57but that's it. With that, I think that

1:04:59uh it sounds like, you know, this is a

1:05:02little bit after the fact. Um, but I'm

1:05:05here to ask if you guys

1:05:20can trust. Yeah, it's a it's a little

1:05:24late to the party to do it just to apply

1:05:26the top coat. It's normally those are in

1:05:28place before you pull stuff up to

1:05:31prevent it from from migrating downhill.

1:05:34With pavement, it's not because you're

1:05:36not actually

1:05:38>> Yeah. With with with paving it's not

1:05:41that complicated. you just basically

1:05:42stripping asphalt and basic off. When

1:05:45you do um like in roadway uh replacement

1:05:50of pipes and things that usually you do

1:05:52a concrete cut, you trench and when

1:05:55you're excavating that trench, you're

1:05:56producing spoils and usually with throw

1:05:59those foil along one side of the thing

1:06:01and then bump them back in. But if you

1:06:03are working in proximity to that use

1:06:05often, I put some line of fiber rolls or

1:06:08or rings around catch basin inlets to

1:06:12called

1:06:16at this stage.

1:06:20>> No. And that's um I worked for a long

1:06:23time with a company called BSC for

1:06:26decades and the utility industry in

1:06:30particular working with international

1:06:33they of course

1:06:36um a lot of inventions for

1:06:39utilities of the public. What we would

1:06:42do and what I what I may ask Vincent if

1:06:44you would do in the future is if you do

1:06:46have even exempt activities if you would

1:06:49send uh um in the utility effect we

1:06:53would recommend you send a maintenance

1:06:54notification letter to the commission

1:06:57stating we have intentions to do some

1:06:59work on the property if it is within

1:07:02resource this is an event activity under

1:07:06310 CMR 108 39 um um please let us If

1:07:11you have any concerns, we we we we plan

1:07:13on issuing every now and then. I've had

1:07:16commissions that say, "Okay, even though

1:07:18you're exempt under the state act, we

1:07:19have a local

1:07:22permit where we concur with the

1:07:24exemption."

1:07:39>> Yeah.

1:07:42In poly we basically just send either

1:07:46you know we plan on doing this

1:08:01I think last All the stuff

1:08:05we haven't

1:08:26for

1:08:31that

1:08:32without

1:08:34things like that. So

1:08:38I want to say selfing but

1:08:41if you are

1:09:11Yual

1:09:19>> when you had just mentioned that that

1:09:22and of course there's going to be miss

1:09:27like hey what are you surprise

1:09:29of

1:09:30a lot of equipment here. Yeah. But um

1:09:36that just got me thinking that there

1:09:38should be

1:09:51>> your your last name is C O W A. Okay.

1:10:03You're the owner or operator?

1:10:30Is this an actual file?

1:10:56But situation.

1:11:16So keep the conservation commission

1:11:19informed of similar

1:11:22uh maintenance work

1:11:25even under

1:11:39Thank you everyone.

1:11:40>> Thank you very much.

1:11:54address.

1:11:55>> Yes.

1:12:02>> You can actually

1:12:14And then

1:12:20all day

1:12:29one

1:12:32more

1:12:35chair.

1:13:01All right.

1:13:05All right.

1:13:5387

1:14:21one that

1:14:39I'm just praying

1:14:41people

1:14:51not

1:14:58going back and forth.

1:15:25I mean question.

1:15:38It wasn't a while. Now I'm not.

1:15:41So there's no such thing as an amended.

1:15:43Is it a big change? Are they changing

1:15:46the location completely

1:15:48>> or is it just changing the a little bit

1:15:57>> in a different place than what you

1:15:59previously?

1:16:14I mean, you know, if it's over more from

1:16:17where they were, you know what I mean?

1:16:19You probably seen enough. You're

1:16:21probably

1:16:30>> And maybe you take a sidewalk before you

1:16:32decide.

1:16:41You're going to want to see a new plan

1:16:42with it.

1:16:45You know where it is.

1:17:06performance.

1:17:09Okay.

1:17:38I know.

1:17:48>> It's going to be permanent.

1:17:55That was one of the things

1:17:59about

1:18:04going

1:18:18in sensitive areas. They use that

1:18:22>> and then Yes.

1:18:38The original

1:18:55gated

1:18:57or open access

1:19:02question.

1:19:21I want

1:19:41to do what I see.

1:20:11One other thing

1:20:16is

1:20:32I didn't know that

1:20:35what

1:20:36I wish

1:20:56We could

1:20:57still

1:21:10for my So what he's saying is my base

1:21:15something

1:21:17that that would be something he's gonna

1:21:20he's going to like to approve in the

1:21:22budget straight out. Same thing.

1:21:27That's fantastic. That's great. And then

1:21:29yeah, then because the other little per

1:21:32permit

1:21:34you're getting Well, you don't you don't

1:21:36get one for RDAs, but you get you get

1:21:38some money, but I

1:21:43No, no. Oh, right. Yeah, you're right.

1:21:45After the regulations,

1:21:48that's right. We will get a fee that

1:21:49will help cover my little

1:21:54So the only

1:22:16go to the town though

1:22:19we ask for them like okay this you know

1:22:22but this is what it was for

1:22:24and you know and it was for this

1:22:26horrible thing that happened.

1:22:30Can we have that fine money to make it

1:22:32right? So yeah, I think

1:22:40I think

1:22:42avenue

1:22:55first.

1:22:57So, you know, I suppose it's not

1:22:59imperative that we we look far into the

1:23:02future and make this, you know,

1:23:04>> Yeah. I think I think

1:23:07about

1:23:12all other signs go into the general

1:23:14fund. So then, so then they make an

1:23:16exception for one board and then that's

1:23:18not going to look great. Right. Okay. As

1:23:22long as you still ask and make no long

1:23:28I think

1:23:37the general fund is accessible to us at

1:23:41all.

1:23:54But if we have more

1:23:57fun, you know, and I'm not I mean, you

1:24:00have a lot of friends.

1:24:20So

1:24:29we're not

1:24:39so if it's just regulations we first of

1:24:42all we have to look at at our own bylaw

1:24:45that request does it say that We have to

1:24:47have a public hearing. I don't know that

1:24:50one. Do you know what I mean? Do our own

1:24:54wetland regulations that we have

1:24:56>> and that we're council. If that says

1:24:59that we have to do something special,

1:25:01then we have to to do that. Normally

1:25:04though, adopting regulations under an

1:25:06existing town wetland bylaw,

1:25:10um

1:25:12you would have a public meeting,

1:25:1548 hour meeting notice,

1:25:18um a formal public hearing only if

1:25:22required by the local bylaw or another

1:25:25applicable law. So, we have to check

1:25:27into that. um newspaper publication only

1:25:31if required by the local bylaw or other

1:25:33applicable law. So the the posting of

1:25:36the opening

1:25:38is pretty much it unless there's

1:25:39something else that tells us commission

1:25:42vote yes.

1:25:44um

1:25:48compiled open meeting law. Attorney

1:25:49General specifically explains that the

1:25:51open meeting law does not require a

1:25:53formal public hearing.

1:25:56Uh

1:25:58recommends a public hearing

1:26:01but that recommendation does not create

1:26:03a requirement.

1:26:12>> So I would write it that you would have

1:26:14to put in a hologram like tomorrow,

1:26:20>> right?

1:26:22But if you want if you want to come so I

1:26:24think he recommends it whether it's

1:26:26required or not

1:26:28>> and we would have to you'd have to call

1:26:29like tomorrow to get in on time.

1:26:34>> It's like

1:26:38you'd be covered.

1:26:46Now, let me see if it says

1:26:52now

1:27:11Generally no. You do not have to read

1:27:13out the full text of proposed

1:27:15regulations allowed at a public hearing

1:27:16before adopting them under local

1:27:19protection bylaw. However, the

1:27:20commission must comply with any specific

1:27:22procedural requirements in the town's

1:27:24bylaw. The hearing commission can

1:27:26generally identify the proposed

1:27:28regulations and their purpose, summarize

1:27:29the proposed changes, make the complete

1:27:32proposed text available for public

1:27:34review, allow public comment as required

1:27:36by the applicable hearing procedure,

1:27:38deliberate and vote in accordance with

1:27:40the bylaw and open.

1:27:42The key distinction between making the

1:27:44proposed regulations available to the

1:27:46public and reading every provision.

1:27:48These are not the same.

1:27:52recommendation.

1:27:57Have the chair identify proposed

1:27:59regulations by title and date. The full

1:28:02text is available for review. Summarize

1:28:04questions or changes and invite

1:28:06comments. Make sure the minutes identify

1:28:08the draft being considered.

1:28:11Can we vote the same?

1:28:21And

1:28:23Do you have to have

1:28:27a comment period after the hearing or

1:28:31can we basically put it in the newspaper

1:28:33and have a comment period

1:28:36before you know ending on the night of

1:28:46>> that is not gonna happen.

1:28:52I'm not doing

1:29:16the language of the town by law and the

1:29:19local procedures.

1:29:21If the conservation commission has

1:29:23noticed the hearing and complies with

1:29:25local bylaws, it can generally open the

1:29:27public hearing, present and discuss the

1:29:29proposed regulation, accept public

1:29:31comment, close the hearing, deliberate,

1:29:33and vote for the regulations at the same

1:29:35meeting. There's no general requirement

1:29:38to wait until another meeting because

1:29:39the commission has a public hearing.

1:29:44A separate 7, 14, or 30-day written

1:29:46comment period is not automatically

1:29:48required.

1:29:50Such a period would be necessary if the

1:29:52local bylaw, another applicable or

1:29:54binding procedure requirement.

1:30:00If the commission substantially writes

1:30:02the proposed regulations during the

1:30:04hearing, the postponing adoption to

1:30:06allow public review may be

1:30:12>> it's literally telling me it's going to

1:30:14look at ours.

1:30:21>> I found this wetland protection and

1:30:23conservation dial by adopted October 17,

1:30:252022. The controlling division is

1:30:27regulation that

1:30:41Okay.

1:30:43>> Okay. What South specifically requires

1:30:45after public notice and public hear

1:30:47theory permission shall promate rules

1:30:50and regulations to effective

1:30:53further provides said definitions

1:30:55regulations and performance standards

1:30:57shall become effective upon publication

1:31:00following a public hearing advertised as

1:31:02per state law.

1:31:05Question. Public hearing required. Now

1:31:08we're at yes. Advanced public notice

1:31:10required. Yes. Read the entire

1:31:13regulations allowed. No express

1:31:15requirement found. Vote the same night.

1:31:18Generally yes. Keep written comments

1:31:20open after the hearing. Not necessary.

1:31:24Publish adopted regulations. Yes. Before

1:31:26they become effective.

1:31:34We should be able to say in that public

1:31:37hearing

1:31:39um the proposed regulations are

1:31:41available.

1:31:44Is that hard to do?

1:31:45>> No, I'm just all

1:31:48>> I'll make a list. I'll make a list.

1:32:00They wouldn't put it they wouldn't put

1:32:02it with um well they might put it with a

1:32:04gender

1:32:21properly

1:32:23public hearing and publication. After

1:32:26adoption

1:32:28before the regulation become specified

1:32:31publication method

1:32:33it's reference to appearing advertised

1:32:35under state law.

1:32:48Well, if we don't make any changes that

1:32:50night

1:32:51>> and they've been up on the website,

1:32:54they've decided to change the title from

1:32:56proposed to accepted

1:33:00>> and I think we're good. But I'm going to

1:33:02read this more carefully when I get home

1:33:04and I will and I will send you a list of

1:33:12>> Is this your first set of regulations?

1:33:33Well, maybe

1:33:42the commission can adopt the reg. at the

1:33:45same meeting as the required public

1:33:46hearing without public comment provided

1:33:49the hearing was properly advertised and

1:33:50no other requirement in terms of there

1:33:53is however an important distinction

1:33:55between adopting the regulations and

1:33:57making them legally effective under the

1:33:59section the regulations become effective

1:34:01upon publications following the public

1:34:04hearing. Therefore, the commission

1:34:05should treat the first regulations as

1:34:06enforceable

1:34:08should not treat the first regulations

1:34:10as enforceable merely defendant voted to

1:34:11adopt them. Finalize and make the

1:34:14proposed regulations publicly available

1:34:16before the hearing. Advertise the public

1:34:18hearing in accordance with applicable

1:34:19law. The president

1:34:21requirements should be confirmed with

1:34:23town council. Close the commission

1:34:25meeting agenda. Conduct the hearing.

1:34:28Receive public comment. Close the

1:34:30hearing. Vote on specifically dated

1:34:32version if ready. Publicly adopted

1:34:34regulations in the really required

1:34:36manner and public. So, so I think the

1:34:39issue here is if anything changed that

1:34:42night,

1:34:45>> you couldn't put them into effective the

1:34:47next day. You know what I mean? You

1:34:49would have to change that and maybe it

1:34:50could be in effect the following

1:34:53meeting.

1:34:55But let me sit through this and and have

1:34:57a checklist that I said to you. We will

1:35:01make it as quick as you know if we can

1:35:03possibly get it all done on the fifth

1:35:04time if we have to just hold the hearing

1:35:07and then have to have you know one more

1:35:11two week period or whatever then

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