2026-11-04 - Conservation Commission

Good evening everyone. Welcome to the November 4th 26 site conservation meeting. If we could stand for the Pledge of Allegiance. >> I pledge allegiance to the flag of the United States of America and

to the Republic for which stands one nation under God indivisible with liberty and justice for all. >> Very much. Pursuant to Governor Haley's directive extending temporary order meeting provisions

until June 30th 2027 the conservation commission will being will be conducted in a hybrid format it will be recorded. Any person in attendance making audio or video recording of the meeting must

notify the chair at this time. Recordings will be accessible on the town's website and YouTube channel. Please be aware participants attending via Zoom will have this their video and audio disabled.

If you wish to engage in discussion raise your If acknowledged by the Chair, you will receive a pop-up message that allow you to unmute yourself. For agenda, YouTube, and Zoom links, please visit

www.suttonma.gov. In person tonight, we have Mike McGovern, Tim Thompson, Jamie Marland, Jared Duval, uh Isabella Geneva Genova. I keep saying that wrong. And myself, Bill Wence. No one is remote, and

no one is not here. There are no public hearings tonight. The first thing is a discussion for Five Sunrise Drive. And this is filing and considering emergency certificate for wall repair on ramps on

Pond Ramps on Pond. Hey guys, just your name and address for the records. You all know the drill. >> Ralph Macari with Alpha Omega Engineering. >> Chris Wendell, 6 Old County Road. >> Uh Matt

Halberstadt, Five Sunrise Drive. >> Thank you guys. Just give us an update what's going on. >> So uh Matt's retaining wall, I mean by the lake is falling, and he's trying to repair it. Best time to

repair a wall is basically when the lake is drawn down. And we have a very small window. I know we applied for an RDA, but he's hoping he can start the work next week because of the time frame we have

to go before the frost and the rain and all that. >> Perfect. And I am thankful. I'm just reading the notes here that I didn't see before. There is a record of an email from 19 with a order of

conditions amendment request. That's probably when you built the house. Has it been that long ago? Asking for permission to do all repairs. So >> It's just getting worse. The wall every year it

freezes. It just keeps moving out. >> And and originally we thought the wall had rebar in it, and it was probably something that could stay up, and it's just progressively gotten worse. >> Is your

your order is closed out, right? >> I would imagine so. >> Um All right. So they're looking for an emergency certificate and then uh to file after just so they can start it while the weather is good.

>> We already filed for an RDA, and we are on the meeting for the 18th, but they're hoping they're hoping they can start earlier just because of the weather. >> Okay. Would have any questions? >>

Yeah. >> What's the scope of work? >> Just they will saw >> the existing wall, they keep the foundation, and they will build a stone mortared wall on top of the existing foundation. So they're not

digging the ground. >> So the existing wall is poured concrete. >> Yes. >> How are you going to get access to do the work? >> Just come down the hill from his house, his access >> With >> grass, with

a mini excavator. And we'll be able to work from the you know, from the lawn area up. >> The plan that was submitted, do you have erosion control details and >> Yes. Yeah. >> Cuz the plan I saw that

we had didn't have >> We'll do silt fence and walls. >> Okay. >> a it should be on the plan I uh I give to >> It it had a section of the wall, but it didn't have there was no line of How are you going

to do erosion control? >> It's the lake is already drawn down so we're going to there's >> the wall. >> Yeah, so we're going to put it on the lake side. >> On the lake side. >> Yeah. There is going to

be footing for the wall in the same concrete as the old wall. >> Is there any addition of wall? Is there any scope of work that extends beyond the wall? >> No, same height, same location. >> Makes me

feel better that it was under the order from 2019. It's almost like we already approved it. Is how I'm reading this. >> Do the check. >> Yeah. >> Just in in kind repair, right? >> No, it's not in kind

repair. It's a removal and replacement. >> Yeah, in kind repair. It's exactly what's there already. It's an in kind repair. We do them all the time. I mean >> Same height, same width. >> done 60 of

these. >> Yeah, same same height, same location. >> An in kind repair. They're taking on an existing wall that's falling over and putting in the same thing. They're using the existing footing. They're

not even digging in the ground. >> Sorry, to clarify, the email in 2019 was a request on the order of conditions to add 1 to 2 ft of crushed stone so any water run off would be absorbed through the

stone instead of the crown instead of flowing into the lake. So it wasn't repairs for the wall, but just that the >> >> Kind of helped it, though. >> Um, or that it's been a known, you know, they've

looked at this before. >> I just No question that the walls get old, they need to get repaired. >> I don't have them see this as an emergency. >> In the chair? Yep. >> So you have limited time. The

water just got drawn down a few days ago, so they couldn't have started it sooner. Well, I Why wouldn't we want to start it >> They could have filed sooner. >> >> Um, >> The the lake this year didn't

really have any water in it. I have a 5-year-old son, so we haven't been using the lakeside. And when I was down there, you can see that the wall has new like broken concrete spots that were never

there before, and it's significantly further out. It probably happened throughout the year, but we just weren't down there very much to see it. And when I was down there, I was like, this is going to

fall into the lake. So that's when I started this. Um, yeah, a few weeks ago and just out of caution, um, got these guys involved and Chris has agreed it's in rough shape. It's getting worse. >> The

issue is that if we don't do it this year, we're going to have to wait until next year until the second the other drawdown next year. So just we worried that it won't last until next year. >> When

does the water come back? >> In the spring. >> Yeah, after the ice, you know, it >> April time, probably March, April, right? >> You just never know when you can if you can get that window or not, you

know? And we can't get up and down the hill if there's snow and ice. >> But versus doing it the weekend after the 18th prior to Thanksgiving is two weeks that >> Well, it's it's always a permitting,

you know? It's an issue. >> We just We have a good window. We have contractors lined up. I just You know, if if it if we miss that window and we can't line everybody up, you know, now we're in around

Thanksgiving. I I Whatever you guys want to do, it's just if slab falls in the lake, all the all the runoffs going to be in the lake. You know? >> So through the chair? >> Yeah. >> So I'm looking at

the 15 day forecast. And other than some rain this weekend, starting Monday, we have 13 days of sunny weather. So I've worked on lakes like this. This lots like this steep. So if we don't consider

this uh it's a how do we say? Emergency's a big word. This is optimal time to get this work done with less chance of impact to the resource area. And that's what's important to me. As far as I'm

concerned, they can start immediately on the repair of this wall because of weather in their favor. The conditions can change. In two weeks from now, you can start to get snow. We could get into a

rainy season. I mean, why wouldn't we want to take this opportunity with great weather and allow them to work on an in-kind repair? I I >> I don't think we'd have any problem. We've proved it We've

proved these a million times. Uh um they're looking just to speed it up before the next meeting with this two weeks right? Is that >> We can meet at the next meeting and give you an update. You know?

>> RDAs >> Yeah, we did We did file. >> Right. RDAs are advertised, right? For about a notification? >> So RDAs have the legal ad. It was my recommendation to Rove that um if they do want the

emergency, a notice of intent is more appropriate. That's what's on the emergency form that a notice of intent will be filed after the fact. Um but the RDA was filed and still requesting the emergency

cert. So >> So I have a question. If they file an NOI that notifies the abutter, so if they started tomorrow, hypothetically, and two weeks from now and an abutter came in and had a question, they

would be at their own will that they could be stopped. Right? Is that correct? >> Well, it would be done by then. >> Yeah, it will be an after the fact. >> Both abutters are aware of the project. >> I

I can't speak for the abutters, but I can't imagine anyone has a problem with fixing the wall. Yeah. >> spoke to them them. >> How long's the time frame to get it done? A couple weeks? >> I mean, we

got to do you know, erosion control, a little demo, you know, get the footing in, build the wall, clean everything up. I just don't want to run out of time. I know I know it's a you know, we're asking

for something, but I I really think it makes sense if we can get it done. >> Mike, what do you think? >> I still don't see it as an emergency. >> Tim, chair. >> I just don't want to open the door to

others coming in, you know, last minute and then wanting an emergency certificate for what could have been anticipated. Um my two cents, I guess. >> Yeah, and then are we making two exceptions between

an emergency and then not following up with the NOI? Or are we if we're saying if it is emergency, are we going to require the NOI? >> Still would have to require the NOI, I believe, right? >> Cuz at

that point what does that >> that, I guess, through the chair? I mean >> What was the question? >> I guess through the chair, are they prepared is the applicant prepared to do that then if if that's

the requirement. >> I'm confused. Are we doing an RDA or an NOI? >> and NOI. >> So then what why did they file an RDA? >> I think that RDA if they want to do it through an RDA, I think that's how they

should do it. If they want an emergency, it should be required that an NOI be filed. That's what it says on the emergency form. >> I get it now. >> So it's simple if they wait. >> want it on

emergency, you have to file an NOI. If you wait and do an RDA, I guess then it's up to the discretion of the board whether >> NOI if we file it? >> Well, we have an emergency order right now. You have

to file an NOI. >> If you planning to start >> the state regulation says if we >> an emergency order, it has to be followed up with an NOI. So your RDA at the next meeting would be a moot point,

right, am I saying? >> start. But if we >> If you don't start, it's just a simple RDA. >> We'll continue with the RDA. >> And the only Well, speaking for myself, again, I have no problem with the wall

getting done. I think it's important most of them get But we had a complaint two weeks ago of someone saying a wall had an inlet and all these things on a house that was just done on Singletary. And

we're like We had to look at a wall that was done in 1997. So that's the risk you're taking that you could have It's actually on our agenda to talk about and I don't remember where the address is. But

that's the risk you're taking. Again, I don't think anyone's going to have a problem with it, but >> So we can switch it to an NOI not and then start the work, you say? >> No, if you start the work

after the 18th, after the RDA you'll be okay. >> Through the chair, yeah, it would be in your best interest to not ask for an emergency order and come back to the next meeting and to go through the

RDA process and see what that like what the outcome of that is. >> Do you guys want >> Do you want to look through the I don't have a problem with the plan, I just if you want to look at it real quick

in case we do. >> The state regulation says you have to do an NOI if we do an emergency order. That's what you don't want to do. Especially when you're already on the agenda for an RDA. >> My other

Can We could switch to RDA >> Did you close out your Through the chair? >> Yeah. >> Did you Cuz Bill asked you guys ask point if you didn't close what So if you didn't close out your open order of

conditions, then you won't be able That's going to hold you up cuz you'd have to close that out first before you file I don't know if you closed it out or not. You didn't really answer Bill or not.

Like if you didn't come in front of the board and do an NOI like like a very compliance. >> closed down. >> Yeah. Yeah. >> Oh, I don't I'm not saying it is. >> work on the house. The main house. >>

Was your COC filed? >> That should be >> Oh, okay. >> I mean I just can't believe it's been since 19. I didn't realize it was that long. >> >> The COC was 2021. >> Perfect. So that's that's good.

Yeah. >> So I I think a Mr. just that we wait until his start time, see if he can if the weather is helping, then we're going to wait until the 18th. and then we'll ask for the emergency if >> Does

that work? >> Yes. So we'll leave it as is. And we really got to get going because >> Just reach out weather and contractors and timing. >> What time are they on the agenda for the next meeting? You

know, are they like >> I'm sorry. If you think you're going to call me or Bill in the next two weeks to do an emergency order, I don't think it's going to be easy because two of the members just

expressed that they're not in favor of that. So I I personally would never go against to I'm just telling you I won't get in the mid like So if that's where you think you're going, you're better off

to talk about it now or file an NOI if you need to get >> No, we just will be watching the weather itself and like by the time that he was supposed to start, if the weather is still good and he still

can do it, then we'll wait until the 18th, but if it's not, then we'll reach to you guys. >> It's just really hard to just this time of year. It's not like it's July and you can work like all of a

sudden we wait till the 18th and we get a week of rain. Now we're past Thanksgiving, first week of December and now >> So the chance that we even want to enter so would we consider an emergency order

if they're going to file an NOI and follow it up or would we just >> I I would personally. >> You guys can vote on it if we file >> Hold on. I'm talking as a board. >> I I just don't see it as an

emergency. >> Do we have any >> pictures of it? >> Yeah, I was going to say. I mean, if it is dire, I wouldn't want to see the wall come down >> Oh, why it might. >> when they can't fix it. So >> Did

any pictures get to you, Isabella? >> >> I've not received any pictures. >> But I am with Tim. I I think it sets a precedent. So I I would say >> It's just I guess I know the urgency in the great

weather. So >> But it for me it would be if the emergency order was issued that they go through the the proper channels after that to follow up with the NOI, not not with the RDA following up with

down on the >> I have some pictures here. I was okay with the emergency order. I was just not going to do it after this like if we can't I wasn't going to do it after the fact. You know what I'm

saying? Like that's not >> It's the whole issue of the emergency is it open to everyone up for any project. They could say well the weather's going to turn. >> I've seen it. I know the wall. I mean

it's >> believe it needs to be really is. I mean >> It's >> It's mostly out of place. >> I would like to see 60 years old, right? >> I would bet all of that. >> Yeah, at least, right? >> But the new

opening is exposed that there's no rebar in it where originally when everyone looked at it they always would tell me that may stand for another 20 or 30 years. And now it's like you look at it and

there's no rebar holding that slab up. It's just >> What do you guys want to You want to wait 2 weeks file an RDA? >> We We've already filed it. >> I mean coming for the RDA you should say. >> Okay.

We'll We'll >> Pat, you know the difference of cost RDA and NOI is drastically different. >> Just the the only issue if >> Well, I mean you just >> Yeah. >> Yeah, I know but not being able to get the

project done is a >> Well, I I mean >> fear is that if if this doesn't get done this year it's like it almost makes the lake unusable for us cuz it's like who's going to go near that or like swim

around that thing. >> I I think the biggest thing is you got to get the equipment in before the weather turns, you know, your day in day out, right? For that plus >> everything's >> going to come in

and out little by little. There's no stockpiling down by the lake. >> You got to pull it out. >> Everything's got to come out and everything's got to go in up and down a very steep hill. It's like 35

ft of elevation. It's a lot. >> I wouldn't have an issue if they put the silt fence up in preparation to get ready for it. >> Yeah. >> Right? I wouldn't have an issue with that. >> Oh, we'd definitely

do that. >> But I >> And then he still wants you to wait. That's 5 minutes worth of work. >> Oh, I thought you meant >> Yeah. Yeah. No, I I you know, to get ready so that when the RDA we hear the RDA,

you're ready to roll, you know, save a day or two in the in the critical path, but >> Let's uh let's say that next week we find that in 2 weeks from now from that week that maybe there's a possible

freezing and snowstorm or whatever. Can we ask for an emergency at this time just to get it done quicker? Because once we hit snow >> I suppose you can, but I can tell you the walls that we have

approved last year, and I'm not trying to be difficult cuz really I want you to do it. I and and starting today is like perfect weather. It's 75 degrees out, but the ones we've done in the past have

been all winter projects, all tented, all heaters in them, like they plan to do it through the winter. >> Yeah, it just >> Um >> The site is very steep to get it quick. >> and I know it it Matt's

house is like this. I I I get it, so. >> Okay. Any other discussion? >> Let's keep us moving. >> All right. >> All right. >> We'll see you back in 2 weeks then? >> All right. >> Okay. >> Thanks. >>

Thank you, guys. Have a good night. All right. Um 14 Have a good night. It's 14 David Circle RDA. It's a patio shed, second driveway, and it's a complaint follow-up. >> Oh, that's the one I was like

put the address with the >> Bill ain't going to just >> Mike's recused. >> Yeah. Review of aerial imagery available on Mass Mapper since 1990 appeared to show the retaining wall and boat ramp area in

the same location. There does not seem to have been any changes over recent years to the wall. So, back to 1990, 30 almost seven years ago, I is there any more need for discussion on that? No? >> Did

they actually file a complaint? >> Other than him saying it was a formal I think he called a formal complaint when he was sitting in the audience a couple weeks ago. I I don't think he I don't know.

Did he put anything in writing? I didn't see anything. >> And he's not here, so. >> No. I I have no issue with that. >> But I can just show the for the record the 2000 this is 2001 aerial image and

you can see the same cutout that's existing today. And this is probably one of the better images to see. And then >> That wall probably is old as the wall we just talked about. >> Yeah. Going to today

you know appears to look the same. >> The same, right. >> And the same on the site plan that Brandon went out and saw, so. >> All right. We need to move it right along. Motion to approve the minutes

of 10/21/2026. Everyone review those? Motion to make a motion to approve the minutes of 10/21/26. >> I'll second it. >> Tim approve the minutes. Jamie seconded. Tim, how do you vote? >> Aye. >> Jamie?

>> Aye. >> Mike? >> Aye. >> Jared? >> Aye. >> And I do vote aye. All right. Certificate of compliance of 40.5 Maple Lane. Skip. No as-built was provided. Never mind. So, we don't have to talk about

that. Third 345 Central Turnpike. Pending a successful site visit of 11/4 did did you do that one? >> Yeah, I did. So, I did all three today. The only comment there were some flagstones piled on kind

of on the 100-ft buffer zone, so I was just going to ask them what those were there for and if they were going to but I don't think there's any issues uh with that site. >> So we're okay for a

compliance opinion? >> Yes. >> Okay. Any discussion on that? Make a motion to issue a complete of compliance for 345 Central Turnpike DP number 3030962. >> Second. >> All right. Tim made a motion to

issue a complete COC for 345 Central. Jamie seconded. Tim I do vote. All right. Jamie I do vote. >> Aye. >> Mike. >> I vote aye. >> Jared. >> >> Aye. >> Aye. Bill vote aye. Next up 45 Stone School

Road. There was a minor field change approved by Brandon for an asphalt driveway. Engineer notes boulders instead of signs okay. Uh I believe it says unclear if approved. I believe we are we're no

longer doing signs and we actually said to do boulders. >> could put boulders at the corners. >> And they're they're big boulders. I was there the other day. >> Yeah. I stopped by and did a visit like

a month or so ago. >> Grass is growing out. >> this old fence is gone. It looked good to me. >> He called and asked me if he he said he would mow it up for the second time. I said now it's time to

take it down, clean it all up. So >> Planting Order conditions outlines 34 plantings required as mitigation in in addition to those proposed in the rain garden site visit appear to show landscaping in

front area two small shrubs in each rain garden. Rain garden may have native plant seed mix. Um so what would your opinion be that it was built per the specs or planted per the specs I should say? >>

No, so I think it's missing those 34 plantings. I've talked um uh sorry one second. Tim Tom Murphy. I did call him and asked about the 34 plantings and he's wasn't aware that that was a requirement in

the order. Um and so Glenn Karawaski had written that um mitigation report. So he was going to call Glenn and get back to us, but so I think we're I I would recommend continuing this one because the

plantings are unclear. >> All right. We probably don't need a motion to continue it, right? >> No. >> No. Other than that the project does look like it's right along. >> I didn't know if they were

planning to sell, if there was a closing date coming up. Um, sometimes in Mendon I would write letters saying that everything was successful except X. So if the plantings can't be done now and they

need to be done in the spring, they can set up sort of an account or an amount of money put aside for the sale. Um, but that you know at least you know saving that everything else was done if there is

a closing issue, but he didn't bring that up so I don't know if that was anything they were >> I haven't heard anything on that. >> Yeah. >> That's actually a nice thing to be able to do so we can get

it documented and keep people moving, you know. Although would you be all right to still plant right now with this weather, with the rain coming? You're kind of borderline, right? >> Mhm. >> You know

we planted grass a week ago and I drove by and it was all growing. Well but it's 70 so I mean this is not normal. I mean >> Grass has been good. >> Typically this time of the year I mean I think you

can plant things just because they're dormant, but >> Yeah. >> I mean >> All right we'll wait to hear from uh Tom or Glenn on that I guess. Uh any there's no extension request, uh no project site

reviews, uh 38 South Brook Road, Brandon's online for this one. It's a wetland replication monitoring report. Brandon, got an update for us? >> Yeah, good evening. Uh good evening everybody. Um, could

I get a a share so I can show you some pictures? Okay. Um, Tim's familiar with this one. So this is the uh job that was done approved a few years ago and part of it was improving the driveway which

required some uh filling of BWW. >> Brandon, are you are you sharing your screen cuz we're not >> I just shared it. >> No, I just got the uh permission a second ago. Here we go. Okay. Everybody see

the picture? Okay so this is the uh the new driveway. Looks great. Everything looking like it's in compliance there. The wetland is on the right hand side. And a report was the second end of season

growing report was sent in by LEC and remember you have to do two years worth of growing season reports and you have to have at least 75% survival and coverage by indigenous native species in the area

in which the replication took place. So one of the things you'll notice here right away is that you can't really tell too much the difference between the wetland and the replication area. And that's

that's always a good thing. That means that things are growing in and they're they're they're starting to good. I guess the only difference is on the right hand side you get some mature trees and and

more like from the center of the page to the left. It's more lower growth because you know they had to cut down trees in the upland and dig it out in order to plant a new, right? So from what I so so

basically can you see my can you see my cursor? >> Mhm. >> Yes, so the replication area is like right in here. Okay. And it looks great. We've got you know plants surviving. We've got well over 75%

survival. There's no invasive species in there at all. This is looking back towards the street. Different slightly different angle. And these are the mature trees in the area and I am now on a

different site that I accidentally put under this site. Okay. So my recommendation is that you can now I I unofficially put a close and give your blessing to the success of the replication area. And

what I recommend that Isabella do is encourage them to come in with a certificate of compliance request for the whole thing and and you know just be done with it. So that's it. Any questions? >> No,

thank you Brandon. Appreciate the update. It's nice to see that growing well. Guys any questions anybody? So Isabella will you Awesome. Thank you enforcement issues 72 Main Street placeholder for new

developments. I'm assuming there's nothing to report. And then 320 Putnam Hill gentlemen are here. Come on up and you guys know the drill your name and address for the records. >> Jared Legassie 320

Putnam Hill Road. >> Jared Moore 320 Putnam Hill Road. >> What's going on guys? How's it coming along? >> It's coming. We got all the trees out of the area that we needed to get out. They are piled up

in a thing for us to chip up this week and as soon as my buddy brings us a chipper we got the silk fence around the area where we had put all of the material. And basically we're at the point where

we'd like to put a layer of loom down over everything so that we could put some grass seed and then see whether you guys still want us to try to plant the plants that Bob Murphy told us to do or if we

should probably wait till spring cuz I think there's quite a bit of them. >> Comments anybody? >> I think the site's probably very stable. I wouldn't have an issue if they waited to the spring to You

might even want to wait to put the loom down until you're going to plant the seed. You know I I last time I was out there which was a few weeks ago I was very happy with the progress so I don't I'd

leave it up to their discretion as to what to do. >> If we knew we were going to stay 75 I'd you to go plant it tomorrow, but uh >> You want to chair? >> I think we're on borrowed time. >> We take

them off the agenda until the spring. >> Yeah, I think so unless there's anything unless there's any reason to. >> Yeah, no I >> Just make sure you maintain your silt fences throughout the winter. >>

Right. >> So maybe we set a date that they could be completed by like June 1st and then have them come in for the first meeting in June just so it's on >> It checks it off their box and keeps us

moving, right? That give you guys plenty of time >> work for you to come back so >> that first meeting in June. >> Yes. >> Low mid seated plant your shrubs, trees, whatever Bob had put on the list,

get it done in the spring. >> Okay. >> And uh come in and give us an update. >> Just have Bob write us a letter of state and it's done in compliance with the plan. That's all you got to do. >> Okay,

cool. >> If anything comes up through the winter, just let us know like there's an I but I think Jamie said you're secure. I don't think you're going to have any issues. >> They sent me pictures. It's

even better than it was when we were there. >> That's good. They cleaned it all up. Is it up? >> >> It's great. >> Good. Well, thanks guy. I know it's been a long long road, but going in the right

direction. >> At least we learned. >> All the fences look yeah. >> Hey, all right. >> Everything looks great. >> You got to chip up all the stuff. >> Yep, that's going to be this weekend. We'll chip

all that up. I just wanted to get it out of there. >> Yeah, no I see it's all piled up in the pictures and >> Perfect. All right. >> Excellent. >> All righty. >> We'll see you in June. >> We'll see

you in June. >> Thanks guys. >> Thanks guys. Have a good night. >> a good time. >> Um anything else from Isabella or the board? >> Just the signature page for Isabella. >> So how's like the third week

or whatever it is going? Any much of an agenda next two weeks from now? Is it still quiet? >> Ralph brought in uh four applications, so >> Nice. Good for business. >> And I'm having one of them as the

wall, so >> Okay. Anything else before we adjourn? Motion adjourn. >> Second. >> Made a motion to adjourn. Jamie, second. Tim, any vote? >> Aye. >> Jamie, any vote? >> Aye. >> Mike, any vote? >> Aye.

>> Garrett, any vote? >> Aye. >> Any vote aye? Thank you, everybody. Have a good night.