Conservation Commission 09/02/2026

(Episode Description is AI generated and may be errors in accuracy)

A paved lot can still create a wetlands problem fast when the “small stuff” happens in the wrong place: brush clearing, a few big trees coming down, and debris pushed over the edge into a resource area. We open with a continued enforcement order at 1736 Broadway, where a reopened restaurant property runs into the hard lines of the Massachusetts Wetlands Protection Act, local wetland bylaws, and the 100-foot buffer zone. The owner’s attorney explains the renovation timeline and argues the site wasn’t expanded, but we focus on what’s visible on the ground and what still needs to be fixed. 

We walk through what we expect next and why: not guesses, not promises, but a clear restoration plan that addresses debris removal, access, regrading where needed, and stabilizing disturbed areas with proper loam and a wetlands seed mix. We also talk process, including why “don’t touch anything until there’s a plan” matters under an enforcement order, and how a site visit helps everyone agree on the real scope before the next hearing. 

Then we shift to town infrastructure and everyday jurisdiction calls. We approve an emergency certificate for drainage repairs at 201 North Main Street after a washout toward Johnson’s Pond, covering riprap replacement, landscape fabric, and re-seeding for erosion control. We also debate a request to remove healthy pine trees near a drainage easement at Park Place, balancing nuisance complaints against stability, drainage function, and whether wetlands jurisdiction applies. 

If you care about wetlands protection, stormwater management, conservation commission process, and how local government actually enforces environmental rules, listen through and share your take. Subscribe, leave a review, and send this to a neighbor.

Transcript

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Call To Order And Notice

SPEAKER_04 0:01

Okay, am I ready?

SPEAKER_05 0:03

All right, well, would you read us in?

unknown 0:08

Second.

SPEAKER_06 0:16

All public hearings and meetings heard by the Rainham Conservation Commission on Wednesday, September 2nd, 2026, at 5 30 p.m. in the Rainham Veterans Memorial Town Hall, Donald L. McKinnon Meeting Room, 558 South Main Street, Rainham, Massachusetts, are relative to filings and joint hearings andor meetings under Massachusetts General Law, Chapter 131, Section 40, as amended, and the Town of Rainham Wetland Protection Bywell.

SPEAKER_05 0:43

Good evening. I'd like to call the September 2nd meeting of the Random Conservation Commission to order. Please be advised all these meetings are recorded. First,

Enforcement Order At 1736 Broadway

SPEAKER_05 0:54

on our formal agenda, it will be a continued enforcement order for 1736 Broadway. Discussion per issue enforcement order. Just one second. Last left off, we had issued fines regarding the violation and sent a registered letter to the property owner. And it's my understanding that the property owner's attorney here is tonight to address what's going on. So go ahead, sir.

SPEAKER_01 1:32

Good evening, members of the conservation committee. My name is James Rutzer, and I represent Dean Saxonis, who is the trustee of the 17 or the Broadway 1736 Realty Trust, who owns the property. In case the commission doesn't realize, that was the former Great American Pub property. It had been closed for a long time. It has since reopened under a new name, and I think it's called Brick Stone Proof House or something. Anyway. Likewise, I had provided Ms. Engelhardt, I think previously, but I know certainly this evening, a copy of a site plan, and I see a number of uh of uh the members of the commission have that in front of them. Um let me begin by just uh uh sort of apologizing. You know, my client uh again took over an old restaurant, um, it was closed for a long time, um, had done some substantial uh reconstruction of the building, all of which was done pursuant to a duly issued building permit. Um in the course of doing that work, it became uh we became aware of the fact that that that the Mass DO uh DOT, who was in the process of doing the the road work on 138 in front of the restaurant, uh, didn't have uh driveway permits uh on file. And so that I had to work extensively with uh Mass DOT and some of the design professionals to uh uh uh affect the state uh permitting of the driveway at that property. Um part of the work that was done included work in the back parking lot with the uh installation of a substantial uh uh sort of water grease separator. Um now um from what I understand, and again I'm I'm I'm here to hear from the the the the commission, um there was an existing uh paved backyard or packed driveway or back parking area. Um client did not enlarge it. Um he had to dig a big hole in the middle of it in conjunction with uh the oil water separator install. Um but then ultimately when the underground work was uh undertaken and was completed, was inspected, he then uh backfilled and then had a contractor who simply put the pavement back where it had previously existed. Um I do see from the uh plan that was uh prepared by the architect that that some of the work was definitely conducted within the 100-foot buffer of the uh of the wetlands. Um but what I want to assure um the commission is is that we we didn't extend anything that wasn't there. Uh we simply tried to clean up what was there. Um specifically, uh it there is now fencing around uh the back of the lot. Um I was here at a um, you know, I I've had conversations with one of the neighbors about their desire to have fencing, and and so that was part of the work that was undertaken in conjunction with this. That involved just driving fence boards and it didn't you know enlarge anything that was uh that hadn't been previously paid. Um so with that um please accept my apology for his um in his rush to get the restaurant open this spring. Um, you know, I think that the original enforcement order, um, he probably passed off to one of the contractors who never paid any attention to it. And then once uh the registered letter uh was received, um, you know, it certainly got my attention, and then that's why if the the commission articulate to me what the their concerns are, I will do the best I can to tell you either address them or come up with a plan to address them.

Trees Cut And Debris Dumped

SPEAKER_05 5:46

Okay. So the attorney is correct, this is a pre-existing site, um, and they did not enlarge the parking lot or anything. Uh it came to my attention um when they were clearing brush along the um the south end of the parking lot to get ready to put up light posts and fencing. They cleared all the brush, and I drove into the parking lot and I noticed that down in the back corner there, the southwest back corner, they had taken down two or three, we'll call them substantial trees, probably 12, 14 inches in diameter. Um, and then when they did the work in the parking lot, they took all the asphalt and just dumped it into the resource area at the edge of the parking lot. And there was a lot of junk and debris left over from years past when it was the Great American pub, but that doesn't excuse the owner, he inherits the problems once he purchases the property. So I had a conversation with the engineer in regards to the placing of the light posts and the the fencing, and he realized that the light posts were going to be within the hundred-foot jurisdiction, and he should have notified us. So he withdrew the the last light post he was going to put in, and I said to him, you know, just clean up the debris that's in the back. This is before the restaurant was going to be open, clean up the debris in the back, clean it out, reseed it, reloam it with wetland mix, replace the trees that you cut down with a few other new trees, and we could call it a day. Because I understand, like I said, some of the stuff was inherited. I'll do it, I'll do it, I'll do it. I gave them like three weeks, called them back, says, What's going on? Oh, my uh contractor's equipment broke down. Another week or two went by. What's going on? Another phone call. I fired him. I'm getting somebody new. This went on for a month, month and a half. I had conversations with the engineer, I had conversations with the owner. I'll do everything I need to do to just want to get it fixed up, want to get this cleared. Kept getting blown off, blown off, blown off. This is why we issued the enforcement order in the first place. So the first it first enforcement order was given. There was some question with address and receiving the notice on a timely fashion, which is fine. He knew about the second notice, no one appeared. He told me I'm gonna be out of the country, but I'm gonna send a representative to represent me. Perfect. Never happened. That's why last meeting we issued fines in regards to this enforcement order.

SPEAKER_06 9:15

And we had discussed that at the previous meeting.

SPEAKER_05 9:17

We had discussed it at the previous meeting before that. So this is at least the fourth, third or fourth meeting we've had on this subject. So with that said, what are they going to do to clear up this enforcement order?

SPEAKER_01 9:36

Um just so that it's clear in my mind that the first action was undertaken on June 10th. Is that correct? Because that's the date of the enforcement order. I don't have the dates in front of me.

SPEAKER_05 9:53

Okay, yeah. And that's June, and that's the first one we had the issue of receipt of the letter. Certified certified mail.

unknown 10:12

And that we don't even see that, but you then make calling it after the fact acknowledging the lady are called.

SPEAKER_01 10:25

Um well I I again, I can tell you what I can see from the the documents that on June 10th there was an order that somebody appeared on July 8th. I didn't know anything about that.

SPEAKER_05 10:38

Um that's what the donor told me that he was either going to be, you know, he was gonna be out of the country, he was going on vacation or something, but he'd send a representative.

What A Restoration Plan Must Cover

SPEAKER_05 10:50

Okay now I don't know if that representative was his engineer who's been on this project or was supposed to be you.

SPEAKER_01 10:57

Okay. Um and again, once I became aware of it, I actually thought that it was the Tuesday was it? I thought it was two weeks ago. And that's when he received the August 13th correspondence, and that's when I was under the impression that it was that I wouldn't be appearing in front of you in three days or something of that sort. Um, but um the so so I guess my concern is is that um just so that it's clear in my mind, that the initial conversations were undertaken with an engineer or a project manager with no, well, it was his engineer.

SPEAKER_05 11:41

Okay, so so so did if forgive me, I don't have the gentleman's name in front of me. But it was the fellow who's doing the light posts. It was the gentleman that was in charge of the whole project who probably did up the design with the um with all the parking lot markings and everything. I don't know what his name is up the top of my head.

SPEAKER_01 12:01

The architect was named Douglas Anino, and that's the plan that I see everybody has in front of them. Um that was the project architect. Um I don't know the name of the contractor who undertook the work on the light poles, although but the contract it that's irrelevant who put the poles in.

SPEAKER_05 12:21

The important part is that I spoke with the engineer and the owner.

SPEAKER_00 12:26

Okay. Okay.

SPEAKER_01 12:30

I I I again you had these conversations, you're the one um who did it. Uh uh again, you know, if if if you and I had had the conversation, I would have understood the import of that, and that, you know, obviously any work done within the hundred-foot buffer zone would have required at least a notice of intent, if not an order of conditions. And and quite frankly, um that was one of my questions last week uh to your the the the commission's assistant. You know, should I have prepared uh a notice of intent or an application for notice of intent or an application for an order of conditions?

SPEAKER_05 13:04

But um Well the problem is we can't say what you need because we don't know where you're at and what your plan is for restoration. Okay, it's like putting the post before the card. Okay. We need to know what your intent is here to fix the problem.

SPEAKER_01 13:25

Okay, so it's my understanding that any of the old asphalt that was taken up and pushed into the rear uh resource area has now been removed.

SPEAKER_05 13:35

That was removed, yes. That was removed. The rest of the debris that was in there, some wood, some telephone poles, some trash, and everything else, it's still there today.

SPEAKER_01 13:46

I know that there's some small pile of something that I actually had photographed this afternoon on the back right. Um, quite frankly, it's so overgrown. I and and given you know I didn't want to mess up my shoes, I didn't climb too far back in there. I mean, I know there is there is some construction debris on the opposite side of the fence.

SPEAKER_05 14:10

And I I know that's not their property. But that belongs to the trucking company.

SPEAKER_01 14:16

But that's not the case because uh as you can see from the plan, the property line is straight, but the fence jogs in slightly. And so you'll see on the south uh property line, you will see that the property line is a straight line, but then then the fence jogs about a little more than halfway from uh uh 138 to the rear of the line, the fence jogs in, and I know that there is some debris on the opposite side of that fence. I walked to the end of the property, I peeked around the edge of the fence and saw it. Um there was um and and I I mean that would be more of rubbish removal, and so I I I don't know if if uh a notice of intent or an order of conditions would be required for that. Um I I don't know anything about the removal of trees. Quite frankly, I didn't.

SPEAKER_05 15:13

If you were looking at the property on the they said the self left, if you stand in the back of the let's go this way. If you stand in the rear of the property looking into the woods, on the left-hand side, in that corner over here, that's where they took down the trees.

SPEAKER_00 15:30

Okay.

SPEAKER_05 15:30

You you you couldn't have missed it. Well, they're the trees this big that they took down. See the stumps are still there.

SPEAKER_01 15:40

Okay. Um that was the area where I noticed that the cleanup of the asphalt was undertaken.

SPEAKER_07 15:51

Okay.

SPEAKER_01 15:52

That's where the asphalt was dumped, and that's where it came the uh where it was cleaned up.

SPEAKER_05 15:56

So that was all to the right of where the trees were taken down. And I like I stated earlier, the asphalt was removed.

SPEAKER_00 16:03

Okay.

SPEAKER_05 16:04

The asphalt that they tore up in the parking lot and dumped in there was removed at the very beginning of this. That's all the other things that need to get fixed.

SPEAKER_00 16:13

Okay.

SPEAKER_01 16:14

Um wanted uh in your comments, you had said something about reseeding, and then you said something about wetlands loam.

SPEAKER_05 16:27

When when disturbances get done, they usually loam and seed it. Yeah, and they seed it with what is called a wetlands mix.

SPEAKER_01 16:37

Wetlands mix.

SPEAKER_05 16:40

And this is all what an engineer knows the procedure on how to do it. So this is this and this is why I I don't mind your being here. I wish the engineer was here with you because he's the one that understands how things work. And he would have understood wetlands mix replication. That's these are something different.

SPEAKER_06 17:06

That's something different.

SPEAKER_05 17:07

Yeah, that's something different.

SPEAKER_01 17:09

Sorry. Well, uh and again, you know, uh having appeared in front of any number of conservation commissions, those things have significance to me. Um, I'll be honest, I think you're giving uh the architect of the the the preparer of this plan more credit than he do.

SPEAKER_05 17:25

The gentleman I talked to wasn't the architect. He stated he was the engineer.

SPEAKER_00 17:30

Okay.

SPEAKER_05 17:32

And I'm sorry, I know he was from Brockon. I know he's from the Brockton area, but I can't remember what his name was.

SPEAKER_01 17:38

Okay. Well, um I think the next time I appear in front of you, I'll have that name. Um because again, these are these are you know, you're using words in terms that uh again have significance to me as counsel with experience in in representing clients in these matters. Um but the bigger picture is is what can we do to resolve the Commission's concerns. Um now it's my understanding that you want some uh the the trees that were removed replaced with something.

SPEAKER_05 18:13

Um it these are these were just suggestions beforehand. Okay? What's gonna have to happen now is you're gonna have to come forward with a restoration plan on what your intents are to fix this issue. We can't sit here at this point in time and say, do this, do this, do this. You have to come back with some type of restoration plan to mitigate this.

SPEAKER_01 18:43

Well, and and again, in order to mitigate the problem, I need some sense of the scope of the problem. So we talked about removed trees and dumped old asphalt. Um, and and the commission has conceded that the old asphalt has been removed. I know there is some small part.

SPEAKER_05 19:03

But to and because all the weeds are growing up, you didn't see all the debris, it was on the right-hand side of the pocket lot. There's old telephone poles, there's rocks, there's trash, there's all kinds of debris that needs to get removed from the resource area.

SPEAKER_00 19:21

Okay. Okay.

SPEAKER_01 19:30

Um I will admit that that in its present state it seems to be quite overgrown back there. Um I will concede that I did go out earlier on my way to be down to this meeting to try to conduct some inspection. Um it was so overgrown that I didn't I wasn't able to get much more than three or four feet off the edge of the the asphalt. Um, but I can certainly uh take a closer look under different circumstances. Um I will inquire of my client about the you know how many are the types of trees removed. I will go look for the stumps and um but um I guess I guess it sort of makes no sense if we're talking about restoring the the resource area. I in order to do a lot of that, they're gonna have to send some sort of bushwhacking machine in there to clean it up. Yeah, that's it. Just to get access.

SPEAKER_05 20:40

That's that's how restoration works. Do you remove what's there, what's damaged, okay, and then you replace it with good.

SPEAKER_00 20:49

Okay.

SPEAKER_01 20:49

Um

Site Visit Scheduling And Continuance

SPEAKER_01 20:50

well then could I request, I don't know if it's this commission's uh uh practice to ever conduct a site visit, but maybe under certain circumstances uh you know, under these circumstances, especially given all that's gone on, if we could can schedule a site visit and so that we could have a a better uh I could at least have a better sense of what is the scope of the problem so that then I can instruct or I can alternatively myself prepare the remediation plan that might be required in this instance. So it's all in the I know that the dumpsters have uh an enclosure.

SPEAKER_02 21:56

The other one was in the back there too. So um there's a lot of stuff there. And he had access to it with the fences not being there to clean it up at that point, and he chose whoever it was you spoke to chose not to do it. So now we have it all nice and finished looking good and we're still in the same spot.

SPEAKER_01 22:13

Except all the problems on the other side of the fence. Right. So um But it's still the property.

SPEAKER_02 22:18

It's still the property. And it's still the wetlands behind it. Right. And so we want to just um make sure that that gets attention to.

SPEAKER_01 22:26

Okay. Um and so I guess if we could if you want to I mean, could we choose a date now? Um I I don't think that it requires a notice of intent for me to uh clean up debris, at least on the south side of the fence that I notice where debris is. Um but I won't I will instruct my clients not to engage in any activities. Oh, that's that's already been stated in the enforcement order. But but we can clean up we can clean up the mass on the the construction debris and that kind of stuff.

SPEAKER_05 23:00

You can't touch anything until we have a plan in place.

unknown 23:03

Okay.

SPEAKER_05 23:04

That's part of the enforcement order.

SPEAKER_01 23:05

Okay. This is not within the resource area where I notice debris on the other side of the fence.

SPEAKER_05 23:11

We're that's why we need a site visiting, because you're we're talking two different animals here.

SPEAKER_01 23:16

Okay.

SPEAKER_05 23:25

We're all volunteers, so pick a day what's you have available.

SPEAKER_01 23:29

Tell me what your can your schedule is, because uh I'm not a volunteer.

SPEAKER_05 23:34

No, I mean it's easier. You give me a date and we'll see if we're available.

SPEAKER_01 23:38

Um is your next uh when is your next meeting? Um that's a Wednesday. Oh yeah, yeah, it's today's Wednesday. Uh yes. Would you guys be interested in uh something on uh a week from today?

SPEAKER_00 24:09

The 9th?

SPEAKER_01 24:11

Yeah, I can do that. And whatever time would be convenient for you, no?

SPEAKER_07 24:16

I can't do the morning, I could do the afternoon.

SPEAKER_00 24:21

Uh the afternoon, good. So is two o'clock on uh that would work. Okay. And wonder if you're available.

SPEAKER_02 24:35

Oh actually, I'm working until six.

SPEAKER_01 24:37

Actually, you know what? Actually that I just I'm as I scrolled to the afternoon, I see that's a problem. Um let me just get back to this. I could do I could do the the the Thursday the tenth in the afternoon.

SPEAKER_04 25:05

I'll have to check. I think I have something.

SPEAKER_02 25:14

I can do the afternoon.

SPEAKER_01 25:18

Can you do afternoon? All right.

SPEAKER_00 25:29

Okay.

SPEAKER_01 25:33

Well that being said, um I I guess I would ask the board to uh to at least suspend this hearing of the enforcement part so that I have a better sense of what we need to do so that then I can present uh the the remediation plan. Um and perhaps we can then address the remediation plan and then uh the enforcement action all at in in the same hearing.

unknown 25:57

Okay.

SPEAKER_02 25:58

Do you have like an environmental engineer on staff?

unknown 26:01

No. No.

SPEAKER_01 26:03

I mean there were contractors who dumped stuff in the backyard. Well, they always are connected to somebody. They have amazing chefs, but but but but uh I will do what I can to make sure that that that we have a plan that's professionally presented for this commission to that to address this concern.

SPEAKER_04 26:29

Anybody else got any questions?

SPEAKER_05 26:36

All right. Um we will continue this.

SPEAKER_06 26:41

Well, you need a motion.

SPEAKER_05 26:43

You need a motion. Well, I need a request from you to continue this to next meeting.

SPEAKER_01 26:47

Uh could we could this uh be continued to the the board's next uh I don't know if it's the next we might not have time between the 10th and the 16th to get a plan presented because again that plan would have to be published, right? Yeah, all right. So you want to go up to the October 7th meeting? If we could do the October 7th meeting, that would be helpful.

SPEAKER_06 27:08

Okay. Motion to continue the enforcement order for 1736 Broadway to the October, what is it, 7th meeting?

SPEAKER_05 27:20

Second motion made and seconded. All in favor? Aye. Opposed, unanimous. Well, thank you very much uh for your time and attention if there's any your cooperation and if there's any uh change in times and dates for the site visit, uh please contact Amy.

SPEAKER_01 27:38

I I will, but but I will most assuredly I mean be there. All right, thank you, sir. Thank you.

Emergency Drainage Repair By Johnson’s Pond

SPEAKER_05 28:03

Next on the agenda is a emergency certificate for repairs made to an outlet that goes down towards Johnson's Pond. Uh we got a call from the the owner of 201 North Main Street that there was a giant washout from one of the town's drainage pipes coming off of North Main Street. Uh so the highway superintendent called me. Uh him and I went down and looked at it, and he said during the last heavy rain we had, I guess there was some flooding on North Main Street there, and the um drain couldn't keep up, and it washed out the um some of the riprap and some of the loam that went down towards Johnson's pond. Uh so I met him out there with him. He contacted uh GB and Sons to uh do some work to repair it, and what they did was they um dug out all the old riprap and um put down some new loam where the washout was, put landscape fabric over it, and then um redid the riprap area, um packed it in a little wheel tighter. It's been a lot of years since that thing had attention, so it was well overdue. Um so since then I went back out, it's all been back uh loam and seated with wetlands mix, and um the work has been completed. Okay. So um with that, I guess a motion to accept the emergency work that was done at 201 North Main Street.

unknown 30:02

Second that motion.

SPEAKER_05 30:04

Okay, motion second it. Second it. All in favor? Aye, opposed, unanimous.

Minutes Approval And Admin Items

SPEAKER_05 30:29

Um, Greg, if you don't mind, we're just gonna finish up our general business first. Okay, thank you. All right, well, that's being um signed. Did everyone get a chance to review the minutes of July 16th? Uh that would the site visit we did, Will, and the August 12th meeting. So I'll take them separate. Um motion for the approval of the minutes for the 16th.

SPEAKER_02 30:55

Motion to approve. I second the motion.

SPEAKER_05 30:58

Motion made second it. All in favor? Aye. Opposed, unanimous. Uh motion for the August 12th meeting.

SPEAKER_02 31:08

Second the motion.

SPEAKER_05 31:09

To accept the minutes?

SPEAKER_02 31:11

Yes.

SPEAKER_05 31:11

Second. All in favor? Abstain. Aye. Aye. Aye. Three and one. Um bills I mean. I didn't see any. Okay. Um, no correspondence. Everyone got a copy of these pitches?

Tree Trimming Request Near Drainage Easement

SPEAKER_05 31:30

Yes. Um, I got a call from Walnut Tree Service, who I'm gonna state right now is awesome. Whenever they have a question of trees being nearer wetlands, um, they call me. They're probably one of the only tree companies that does work around here that does that. So I applaud them for that. Um, so I got a call for why am I drawing a blank on the name? Park Place, thank you. Um at the end of the cul de sac, they wanted to take down the group of trees you can see uh adjacent to the parking spot. So I went down there, and right behind those trees is the drainage easement for the the uh cul-de-sac. So the edge of the drainage pavement is probably 10 feet from where these trees are. I don't see a need for these trees to come down, uh they're perfectly healthy. The homeowner just wanted to get rid of them because they were putting sap on their cars. So um I told Walnut that I would bring it to the board uh to get their opinion. Uh so with that I'll intercept comments.

SPEAKER_06 32:52

Uh wetland a drainage easement.

SPEAKER_05 32:55

It's a drainage easement that has created a large wetland area right there. Because they haven't maintained it. Because it hasn't been maintained probably since the day opened.

SPEAKER_02 33:06

It looks like this right here is the line that is going like this on this top one. Yep. It opens up into this back area.

SPEAKER_05 33:15

Yep.

SPEAKER_02 33:16

So the front ones really aren't doing anything, right? The other ones are holding the line for the well, yeah.

SPEAKER_05 33:24

The the group of three in the front are, you know, they're just there. The one, two, three, four, four or five in the back are, like I said, probably ten feet off the edge of the uh the wetlands.

SPEAKER_03 33:39

Yeah.

SPEAKER_06 33:39

Do you know when this drainage easement was constructed? I know that there's a cutoff line for the rule on whether it can become a wetland if it's not taken care of. There is a date that separates that.

SPEAKER_05 33:58

I mean, those houses are probably I'm gonna say at least 15 years old.

SPEAKER_06 34:04

Yeah, it's probably right around. So I I don't remember what the date is. I know that there is this is an example where we could use the consultant because he would probably remember the date. Um but I know that there is one in the rule that after that date it can't go back to be a web. Like if it's constructed with the purpose of being a drainage, um whether it's taken care of or not.

SPEAKER_05 34:46

Yeah. Um that I can't answer.

SPEAKER_06 34:50

I can't either right now without opening up a book. And I don't have one.

SPEAKER_05 34:55

So I mean my only my only thought was that allow them to trim the trees up, clean them up, um so they're not overhanging. So they're not overhanging the parking area there. Um and and you know, leave it be until it becomes an issue, they die, or whatever. It's a different story.

SPEAKER_07 35:21

But those are all pines.

SPEAKER_05 35:23

Those are all pines and they're all they're all perfectly healthy. There's no disease on them, no, no dead branches.

SPEAKER_07 35:36

I'd be okay with them trimming off the pocket.

SPEAKER_05 35:47

That's I'm on the same page, but it's up to you guys.

SPEAKER_07 35:53

I think that's the jurisdiction.

SPEAKER_06 35:58

If it was constructed within the time frame. And it doesn't look like it's you know tremendously overcrown. Um where they, you know, there's no bushes growing inside of it, there's no trees coming out of it. Doesn't look like they haven't taken care of it.

SPEAKER_05 36:15

Um, I'm not saying they haven't taken care of it, but no, I mean the even to even the homeowner says that you know in the spring, in the spring it's completely flooded.

unknown 36:28

Yeah.

SPEAKER_05 36:29

So I mean it is. But it's a drainage easier. That's it is a drainage, but you know, I think it has created designed to do that. I think it has created its own wetland. It's become its own monster.

SPEAKER_06 36:39

The point I'm trying to make is if you're taking care of it, it doesn't become a wetland just because it's wet.

SPEAKER_05 36:46

I I I understand what you're saying.

SPEAKER_07 36:49

So I mean it's but maybe we defer it till we find out what the date for time is.

SPEAKER_02 36:55

Well, I don't think that really matters, really. It's it?

SPEAKER_06 36:59

Not if it's taken care of. If if there's nothing that has you know exceeded or interfered with the the ability for that to function as it was intended, then it's still drainage about functioning under the original design.

SPEAKER_07 37:22

Um but I think his point is that if it's hasn't been well, I guess we don't we don't know if it's been maintained.

SPEAKER_06 37:34

And like I said, it looks like typically when you see an unmaintained one, there are bushes 12 feet tall growing out of them. Like if it's been there that long and not been maintained, that's what you see. Whereas, at least from the pictures that I see here, it doesn't look like that's the case. Um now, I may be off base, they may be great pictures that were designed to like exclude whole sections of it. Oh no, I took the pictures of that.

SPEAKER_05 38:08

So they weren't given to me.

SPEAKER_06 38:11

So that would be my comment on that. And I'm not a photographer. Whether it's our jurisdiction because it's a drainage instant.

SPEAKER_05 38:22

Um that's why I came to guys for an opinion.

SPEAKER_02 38:33

Do we want to look it up?

SPEAKER_07 38:37

Um to his point, if it doesn't look like it's been abandoned, regardless of the time frame.

SPEAKER_02 38:44

So then we consider it a drainage.

SPEAKER_07 38:48

So we don't have jurisdiction, I think that's it. Yeah.

SPEAKER_05 38:52

Which means we can't tunnel into the way you guys want to go.

SPEAKER_06 38:58

And it all depends, and if there's wetland within a hundred feet of this location, we don't know. So I don't.

SPEAKER_05 39:05

I don't. And that's why I thought just trimming the trees is a compromise at this point in time, as opposed to removal.

SPEAKER_06 39:14

And if they will you just have to let them know that if they want to remove them, we have to go through a process. They have to come back.

unknown 39:21

Yeah.

SPEAKER_02 39:22

So we recommend that they get their uh trimming to ward off the sap falling on the trees, I mean on the cars, um, until we are clear that it's until which time they decide to take the cheese are damaged or diseased and they need to come down.

SPEAKER_03 39:40

Yeah.

SPEAKER_05 39:41

Okay. Is that acceptable, everybody? Yes. Okay. Um just because we had so much discussion, I'll just take it as a motion. Correct one.

SPEAKER_07 39:59

I'll make the motion to uh promote what we've discussed in terms of maintaining each tree.

SPEAKER_05 40:08

I have a second.

SPEAKER_02 40:09

I second the motion.

SPEAKER_05 40:10

Motion seconded. All in favor? Aye. Aye. Opposed? Nay. Oh, one one nay.

SPEAKER_02 40:20

We will all right.

SPEAKER_05 40:24

Um one other one other thing I have.

Canceling The October 21 Meeting

SPEAKER_05 40:27

Um we were just informed that the October 21st meeting, there will be this room will be used for voting. So I would suggest we either cancel or reschedule the October meeting. We have to do one or the other.

SPEAKER_06 40:47

Yes, it's not a suggestion.

SPEAKER_05 40:51

So I actually have a conflict on the 21st, so I would be inclined to canceling the 21st meeting.

SPEAKER_07 41:03

We already have one that one, right?

SPEAKER_04 41:05

Yeah.

SPEAKER_07 41:07

And then when's the next one?

SPEAKER_04 41:09

November 4th.

SPEAKER_07 41:10

Yeah, okay. Okay, we canceled.

SPEAKER_05 41:17

It's not a long stretch. So can I have that in the motion, please?

SPEAKER_06 41:24

Cancel the meeting? Motion to cancel the meeting on October 21st.

SPEAKER_02 41:33

I second that motion to cancel the meeting.

SPEAKER_05 41:35

Motion be made. Second it all in favor. Aye, opposed, un. All right, very good. Um,

Consultant Contract And Executive Session Plan

SPEAKER_05 41:43

next we'll go back up to informal uh discussion with the town administrator regarding the conservation consultant services contract and proc procurement. Um at this time I would like to do this in an executive session where during these discussions names could get um past or present uh employees could get mentioned. So I think we should do this as a executive session.

SPEAKER_02 42:17

All right, I second that motion.

SPEAKER_05 42:19

Motion was made and seconded. All in favor?

SPEAKER_03 42:23

Aye.

SPEAKER_05 42:41

Um like I stated earlier, I'm concerned that that I'm concerned that um we could end up talking about past or present employees, and I don't think it's proper to do it um to do it in open meeting. Um I would I would argue that under Robert's rules of order, it would be my privilege to suggest a executive session. Um in regards to dawn not being advertised, um it was advertised as a discussion and the um in the wording is discussion as to with regard to conservation consultant services contract and procurement. Okay, we can do it that way then. But um okay, I was ready to do it tonight, but we can do it that way. So I'll just take a motion to put it on to our next one.

SPEAKER_07 44:16

Well, it's informal, isn't it?

SPEAKER_05 44:18

Well, it's informal at this point, but it's the nature of the discussion. Okay. Um we'll put our next next uh means gender as a um an executive session, possible executive session.

SPEAKER_04 44:43

Tech clear with everyone?

SPEAKER_03 44:44

Yeah.

SPEAKER_04 44:46

Greg.

SPEAKER_07 44:48

I question whether we can't discuss an executive session, but we can discuss it and prepare for the next meeting and get a formal on that.

SPEAKER_05 44:58

Okay. All right, thank you.

Adjournment

SPEAKER_05 45:02

Um anyone have any other business? I just need one other motion then.

SPEAKER_07 45:08

Motion to adjourn.

SPEAKER_06 45:11

Second.

SPEAKER_05 45:11

Motion conveyed and seconded. All in favor? Aye, aye, opposed, unanimous.