 That's that's the five boys. I want to get one more than a hockey team Landscaping crew, I mean get them out there in the summertime shovel in the driveway. There you go So good afternoon everyone or good evening So we have a pretty full agenda So I'd say that we get going and we will try to do our best to kind of move things along Hopefully a number of these will be continued. So if it's not quite as bad as it looks Okay, so welcome everyone today is April 14th 2021 and this is the Amherst Conservation Commission meeting So going through the agenda, I am first and I have nothing so Dave it goes to you Sure, great. I'll be very brief because I know how heavy your agenda is tonight But first I wanted to welcome Erin back. It's so great to have her with us again in town hall and There's a little bit of little bit of backlog to catch up with Stephanie did such a great job that I think the handoff has been pretty smooth So welcome back and congratulations to Erin on on the new new addition to her family. So It's great to see her around town hall A couple of things going on out there in the field We are working on proposals that will be coming before the commission in the coming in the coming weeks, I guess in coming month or two We're looking at Increasing and improving access to some of the conservation areas in particular I'm working with some staff on Proposals for a new parking area at Sweet Alice conservation area on Bay Road also Catherine Cole and Kodak out in North Amherst and we'll have we'll have some plans coming to you soon on those On the Hickory Ridge Front we are looking at a new closing date in August now so that project is still alive and well but The closing has been put off but I had a good conversation with both attorneys the town attorney and the attorney for the sellers and I think all as well it's just all about the solar I should say all about the solar What else is going on Let's see I know that Aaron and I have had a couple of conversations about some minutes that Commission minutes and we're coming up with a plan Unfortunately we got a little behind on minutes but Aaron has kind of proposed a couple of ideas and I'm going to try to provide her with some support around the edges to get caught up on minutes Those are important they're important for the record obviously we have the we have the zoom meeting recordings but it's important to have minutes that you all have approved so You'll be seeing minutes coming to you on a more frequent basis. So right now I think those are those are the main things that I'd like to To just bring to your attention and there'll be more coming in in the near future. I probably won't be with you for the entire night tonight but I'll try to stay as long as I can. I also wanted to say that I know Beth Wilson will be joining you later to talk about the Fort River excuse me the faring brook project And I'm continuing to work with the butter to that project on access We need to access that property both for the faring brook work as well as for the conservation area Access and it's very clear we met with Stephanie and I met with our town council our town attorney a couple of weeks ago it's it's very clear that we have access but In order to do some of the work necessary for the NOI will need some permissions from from the abutter and I'll be meeting with him soon so I think we can secure those those some additional access rights. So, sorry. Yeah, Leroy is in the attendees bucket. Notice sorry sorry Dave. So no problem. Those are the quick kind of around the around the horn updates on things we're working on on the land management side. And so one quick question Dave is the new person who is helping up Brad is I know he that person was selected are they have they actually started now. Yes, Brendan Kelly. Yes, he has started Brendan has started he's a couple of weeks in he's from all reports I've gotten and I've met with him once or twice. You know really a great addition to the team. I've asked Brad to schedule a time through Aaron to come and and do kind of a reporting out a summary of 2020 and then kind of a look forward for 2021. So I'm hoping that Brad will coordinate that with Aaron and get on your agenda for one of your upcoming meetings and they'll do a nice PowerPoint of what's happening out there in the field. Yeah, we've had some great volunteer efforts this this pandemic I mean that's one of the you know the positive side notes of the pandemic that we've had some people with a lot of time on their hands so they've done some nice trail clearing and other other trail improvements so yeah I think Brad will have a full report on that. Excellent. Lots of trail use out there you know continues and you know it's just great to see everybody enjoying the out of doors right now. Yep. Thank you Dave. Anybody have any questions or comments for Dave. Okay, Aaron the floor is yours. I'm just going to jump right into other business. So one thing that you'll notice is a little different about this PowerPoint and also just as a quick note, Dave and I have been strategizing for me to try to share more information with you in advance of the meeting if possible just so that, especially tonight so we could move things a little faster but also just in general so one of the things I did was provide draft motions and if that's something you guys like then I'll continue to do that. So the first one is the there was an emergency certification issued to breach the beaver dam at Podic Catherine cool conservation area. This was also actually included in our order of conditions that was issued for the ever source work that was proposed but the emergency service issued so if we've got it covered twice from a regulatory standpoint that's wonderful. So this is just ratifying that approval to breach that beaver dam and draw down the water because the beavers have been removed out there. And just to be clear here and this implies that this has already been done. Correct. Yep. Okay, yep. Obviously a long standing issue out there. Yep. I love I love your advanced great you know PowerPoint. I love that. Oh good. Okay, I found that I found that pretty helpful Aaron. Awesome. Well I'll definitely do that I'll continue to do that then that's some good type a stuff right there. Okay, so anybody have any issues or comments regarding Podic beavers. Okay, if not looking for a motion. I move to certify the emergency ratified this emergency certification for Podic Catherine Cole. Second. Okay voice vote Fletcher. Hi, Larry. Hi, Anna. Hi, Jen. Hi, Laura. Hi, LaRoy. Hi, and I for me as well. Next Aaron. Okay, so there was supposed to be a request for emergency certification for seven potline place. We're going to table that to the next meeting there was a an issue on the site that I'm working with the applicant to correct so that's why that's crossed off. The next issue is in late 2019 we issued this was my first meeting we issued a certain voted to approve a certificate of compliance for ever source out on the palm Roy court, they had put in a conduit. And I had gone out and done a same visit and everything was fine and for some reason the paperwork and I, I take full responsibility for it. They, they're saying they never got the certificate of compliance and I can't seem to locate it so it's basically just a reissue of it with electronic signatures is all I'm looking for approval to do. That is easy. Any questions or comments. I'm looking for a motion. I'm moved to reissue the certificate of compliance for seven potline is that what it was seven potline. Ever source palm Roy court. Oh yeah sorry ever source power I court. Second. Hey voice vote Laura. Hi, Larry. Hi, Anna. Hi, Jen. Hi, lecture. Larry. Hi. And I for me as well. Next please Aaron. Okay. So the next is that the, the railroad has submitted an RDA application and under the RDA application they've checked to confirm the boundaries for their five year management plan where they do spraying along the railroad tracks. And this, because it's an RDA, we don't, the state does not require a butter notifications for an RDA but our bylaw does. They're saying for the last 20 years they have not been required to do a butter notifications and that previously. Beth has not required them to do a butter notifications for this to basically just confirm the spray and no spray zones along the railroad tracks and they don't want to have to notify a butters for that. I had talked with Dave about this, and also Stephanie and Stephanie personally didn't feel comfortable waving that requirement and I told the applicant that Dave and Stephanie also said they didn't feel comfortable waving that requirement. So it's really a question of whether the commission is comfortable waving the a butter notification requirement for that. I don't know more detail but I think maybe just start there and see what people's comfort level is. This is just, this was just for to notify where the spray zone or no spray zone is. You have to notify everybody. It's just to confirm via a request for determination where the spray and no spray zone are. And that's, they use the wetlands layer they also use well had protection zones. They use natural heritage layers and things like that to differentiate where the spray zones and no spray zones will be located for the entire right of way through town. How many people are involved in notifications. I mean hundreds, a lot, hundreds. Yeah, hundreds of a butters and it's, it's an RDA application so like with ever source when you know I was trying to compare apples to apples it's a little difficult because like for forever source it was a notice of intent which requires a butter notifications anyways. This is an RDA which understate they don't require a butter notification. It's just under a local bylaw so they're they're thinking it's a little overkill just to confirm the boundaries of the spray zones to require that notification of hundreds of a butters. I mean I can appreciate that it's a lot right and I think that if people are abutting this they also have a right to understand when people are spraying next to their property in this in the, in the potential wetlands like that seems clear to me and I'm sorry that it's 100 or hundreds of a butters I understand that that's hard. And there's a reason why that bylaw exists. Yeah, so just so that you guys know if they, if they dig in their heels and they say no we're not notifying the butters. There's basically we would still have to issue it, we would still have to hold the meeting under wetlands Protection Act and essentially confirm it through wetland Protection Act. So you guys would then deny it under the local bylaw which they would have to appeal, I guess in Superior Court or wherever they would go to to battle to fight that battle if they decide not to notify. Yeah so does anybody remember the history. So I'm looking at you Fletcher maybe Dave I don't remember. I remember this coming. How often does it occur every five years, five years. And that would be like just before I let I joined, probably you guys with it. Yeah I remember they offered us a ride on the choo choo train. So, I mean, as fun as that sounds. I love a good train, but I mean in five years right like we're talking potentially new people in those houses we're talking like there's, I think we just need to find out what's been done in the past. I think I think it's, you know, well in the past they didn't need, they got a they got a pass, basically. That sounds like for the past 20 years they haven't notified about or did I understand that correctly Aaron. That, that is what that is what they are saying, and they did send me an email from Beth that stated that she, she verbally waived the requirement. That was the last to go around. But so I got the email from him up on the screen and it says in the past 20 years five filings we've not been required to notify letters. Yeah I have no firm recollection either way I do know that Beth is on this call. And the spot my sense is if if we didn't do it before that was probably carried through carried forward. I mean Dave have you had experience with a butters complaining about the railroad in this particular circumstance that you know of remember. To be to be honest I've had more we've had more experience I think the town has with ever source. I don't know why that is I'm trying to kind of visualize the ever source lines but I think, I don't, I don't, I think the spring along the ever source lines the overhead lines is maybe just more obvious and people notice it more I don't know. I think it one complaints. I want to say it was my within my first six months with the town. Somebody called or emailed me stating that they saw the railroad spring out behind in the no spray zone behind the rental pools. And you know it was one of those things where I got the email after the fact and there was really no way for me to go out and confirm there was no photos provided. And what's been really tough is like, I didn't know who to contact with through the railroad to confirm deny you know get any information so it was kind of just a notification that I filed away but I did get that and again, there are some areas in that general vicinity of Henry Street where there is spraying allowed. Once you get beyond that sensitive area behind the vernal pools. It's, there is a spray zone so I'm not sure exactly where they were located, but for the record, I will say, I mean, the bylaw says this I mean. Yes, there's there's past practice but you all. Yeah, you're your own commission today and you're, you, you're not necessarily bound by what a commission did 1520 years ago, or five years ago so I also think I don't know Aaron if you've, if you've inquired with any other towns to see what they do I mean the railroad goes through dozens and dozens of towns so do we know what you know other towns to our north or south require. I, I don't but what I can say is from the towns that I've worked in it's very unusual to require a butter notifications for an RDA. Amherst is unique in that requirement. So, I think right other towns may have bylaws but they just don't have. I mean I would suspect that what the issue is they don't have in their bylaw that it's required to notify a butters for an RDA. Yeah, and I guess that technically this is a request for just demarcating the areas not necessarily for doing the work. That's right. That's exactly correct it's just to confirm the spray zones. They actually do the work though that's going to require a NY. No, I don't believe so they're, they do a five year veg management plan just like ever source does. And because they're considered to be utility transportation. That's, that's what they, the state requires of them under the exemptions under the act. Okay, so there's no additional oversight that we get after this. The spray zones demarcated in any other way. Sorry if I missed that but is there. In any other way. I mean there's not like signage or like spraying happening this weekend or whatever like there's no, because I mean this is my thought right like if someone is like, if we're in this town and all of a sudden people are spraying and no one who is abutting that property knows why that feels like we messed up right and so for me, this is about. I mean, it sounds so cheesy but this is about being a good neighbor and being a part of the town and letting people know what you're doing. I think for me that. Yeah, I get that's where I'm falling on it is they should they should notify about us that this is happening. So living near a long utility I think you should also be expecting some sort of management. But don't you think you should also know when it's going to happen right like I mean that they're doing it or and I don't know I mean yes and I'm not sure that that's top of mind for everyone they may not realize what management means. And this is not going to tell them that though it's not going to tell them when or anything like that. Right, but I mean it's going to tell them that praying will happen right. Yeah, my question. It appears in reading that document that he that they sent and so forth, this that they're there, the idea of notifying relates to wetlands. And we're now talking about people that are also out of wetlands area distinction in terms of that. I mean what I'm saying is, if there's a requirement relative to wetlands. That's one story but if it's a requirement but notifying anybody about the spring. Is that within our, our, our, our, our, where we could deal with. That's an interesting question Larry. It is a good question, because they're, and it kind of, it's like unpeeling an onion in the act there is, there are provisions that in areas where work is being done. Like a specific site, there can be different notification requirements they did that they did that change to the wetland Protection Act, I believe in 2016. As a way to address exactly what you're talking about so for example, the ever source owns the entire right of way. Let's say they're just doing a single structure replacement on one spot in the right of way. It would be absolutely ridiculous for them to notify everyone along the entire right of way of town to tell them they're replacing one structure so what they did was they said they added an additional provision that you could notify people within 1000 feet of that specific site for work like that. The difference here is we're dealing with these long stretches of right of way which, if we did that it would be a thousand within 1000 feet of those long stretches. And honestly I don't think it would be any savings per se to, for example be notifying fewer people in that instance. I think it would still be large, incredibly large swaths of people and actually I think it would even be capturing larger, potentially larger, a larger group of a butters that wouldn't otherwise be notified potentially, if we did it that way. It's a tricky question. I mean, I think once you're outside wetland you're outside our jurisdiction. Yeah, right. Yeah. And they're not spraying in wetlands. Right. So, so we're telling people where they're not spraying we're not telling people where they are spring that they're going to spray. Right. So I think it's a different commission. No, they're utilities so they don't, they don't have to. I don't, I don't have a solution to the RDA question but I do wonder Aaron, you know, and I don't recall whether Beth or Stephanie before her, but with all of our social media capabilities now at the town level I'm wondering if, regardless of how the commission sides on this or lands on this, you know, we certainly could publicize this on our website and through social media to try to get it out to as many people as possible to let them know just, you know, what, what the railroad does what they're required to do. And these maps are very helpful you can kind of maps are very helpful find yourself on the map. I know I my backyard is a ever sourced right of way. So I knew when I bought the land that they had an easement over my property and there's overhead wires there so. You know it's not going to reach everybody I recognize that but it might be a way to at least get, get this information out there and then if people have questions they can either ask us or they can ask the railroad. And just to follow up, dovetail what Dave just said. From my perspective, I think it's less important to notify a butters and more important for us to be certain what areas are in fact sensitive along this line. So if, if the Commission did not, if the Commission did allow a waiver, I would definitely highly recommend the Commission get a second opinion on this as to what areas are in fact sensitive along this line. That would be my recommendation. Anyways, pretty much because I was very unclear looking at this like, what is this based on, you know, like wetlands like did they use usgs did they use like it's just spray zone no spray zone, you know, and to really zero in and say, are there larger areas that should be no spray zones along here. That's an interesting take Aaron, I suspect this is simply from a history of visual visual inspection along the along the tracks. So it's an interesting ideas to say, you know, we would like somebody to go out with railroad personnel and go along the line and confirm that this map is actually accurate. And I have a vague recollection that Stephanie or Beth, you know, I even feel like I might have years ago gone out on the on the rail bed with them but but I'm a little fuzzy on that whether that that was for that purpose or not but you might have been doing rail inspection for beaver beaver impacts. But anyway, that's an interesting ideas to actually have them a somebody to go out and be be the eyes and the eyes of the commission. And I'm not suggesting that that decision be rendered right now, either, as far as like a board discussion I'm just suggesting that if, if the either way that that would be, I think, a good thing to do just to verify this. Do we have any record at all of where the delineation was about what areas they spray and what they don't. We have anything of that. You're quite looking at it Larry. Yeah, this it would be something very similar to what you're looking at right now these maps where that's their map that's their map. Right. I'm pretty sure this was, there's no delineation there's no wetland scientists who went out and confirm this this is done by just visually going along the tracks and saying, here's a wetland here's a stream. Yeah, I think it's, or I think it's also just more like there's vegetation in the way. You know, like in wetland areas of vegetation that could be as high unless it's like a red maple swamp. I don't know. Well, it was a question of why wouldn't they spray in the wetland to because there's chemicals that are available to do that. But that's another appeal of the onions sorry. What is the spray for control. Okay, I assume that was the case but that's that that still is open in terms of you know vegetation control what does it mean in terms of controlling vegetation in that case. I mean they could kill everything. They wanted to in that case. I mean I do think that in large part this is based on a desktop review, potentially because you have water supply zones and things included in here which you can't delineate based on just riding on the tracks. I think that they must utilize GIS on some level to distinguish and particularly like natural heritage endangered species areas and things like that to differentiate those areas so that they can exclude them from the spray zones. I just am wondering how up to date this is and if it's, you know, how accurate is and stuff like that that might be good to take a second look at it. So moving us forward I think that we're a little bit off topic at this point, where I think that the question in front of us is whether or not we need to notify a butters. These other issues are going to come in front of us later on. I mean so it's important discussion but I think it's a little premature at this point. So with the question of a butters. I'm okay with them being notified but I don't find it necessary for me, particularly, I agree because they're not even in our jurisdiction. Yeah, I agree with that too. So do I. I mean if they're sorry I'm sorry if I'm taking us off track again I just I'm trying to make sure I understand if they're not in our jurisdiction, aren't we just talking about the butters that are with it. So why are they asking for a waiver if they're not within our jurisdiction. This would be for notice of a butters within our jurisdiction jurisdiction right. So for the wetlands that are along this path, don't quite know how that was delineated I agree is a different issue. It would be for the entire right of way, they would have to notify a butters within 300 feet higher right of way for it. And so I think the idea being, they're notifying a lot of people that aren't near wetlands or aren't, you know, in jurisdictional areas and potentially getting a lot of people stirred up when they're in potentially no spray zones and have no impact whatsoever on them. And there's no way to delineate that out and just notify a butters of that are in spray zones or within wetland areas, because I mean I would be everyone. So our, so our constituency here would be the people who are abutting wetlands or in wetlands right, and they wouldn't be sprayed. Right, right, right. So our constituency here would receive notification that they will spray, but not in their areas. I guess that's kind of my question is like them why is this being brought forward in the first place if they're not spraying in our area, if that's in our constituencies area. Because they have to verify what those spray zones are and are not so that's. So it's a delineation question which is why it's an RDA. Right. Okay, thank you. So it sounds like we can take on the delineation with the RDA on it's just that by that point, that constituency will not have been notified that's the. Yep, thank you. Decision point yeah. Okay so I heard at least a few people who said that they are fine with no butter butter notification. Is there anybody on the opposite side who'd like to speak up. I mean I just am always going to say the more we can engage people in the process, even if it does rile them up, even if it's a pain, sorry. I'm still landing on that side. I think I'm what I'm somewhere in between here brat because so get with the RDA, if we get to a point where we're trying to figure out what this delineation is based on and it, you know, we end up digging that up. Should those are butters and that constituency be involved in that conversation or aware that that conversation is happening. So, so that might be why we have in our bylaw that we notify for RDA is so that would be my only. So anybody else. Okay, so we're definitely I'm hearing a split decision here. So, but what I'm hearing is a plurality voting for no butter notification. Do we need to vote on this Aaron or just a, I would, I would just for just to so we have a record of it I think it's a good idea. Okay, in which case we need a motion or something along those lines as well. Okay, I move to wave a butter notification under the bylaw. You're muted. You did halfway through. Okay. So I wave. I moved to wave the application under bylaw for the railway for RDA application. So I can. Okay, so we're going to do a voice vote and just to be clear. So if you are voting I that means that you are in favor of the waiver if you are voting nay, then you are opposed to it meaning that you want a butter notification and then you can obviously abstain as well. So, Laura, want to make sure you. Hi, please. Hi. I don't know. Hey, Jen. Hey, Larry. Larry. Hi. Fletcher. Hi. And I as well. Okay. So a split decision on that one, but it does pass. So thank you everyone. How exciting we always normally agree on everything. It's good. I know, I know I like it. Just like the Supreme Court. Okay. So why don't we keep moving on so Aaron, is it okay if we go to our 715 at this point. Absolutely. Ben, you're already there. Okay, excellent. So I don't have any host control. So can you bring in the panelists of Beth in particular. Absolutely. And I'm going to make you a co host as well Brett, so you can run the show as well. If anybody else wants to speak, I'm not sure who the other presenters are, but if anybody else wants to speak for the first hearing for the Farringbrook restoration, raise your hand and we'll promote you to panelist. Okay. And so we have talked about this before, but am I correct in thinking that we have not officially opened it. We have not officially opened it. Okay. I shall officially open it. This public hearing is now called to order this hearing is being held as required by the provisions of chapter 131 section 40 the general laws of the Commonwealth. In act relative to protection of wetlands is most recently amended an article 13, an article 3.31 wetlands protection under the town of Amherst general bylaws. This is for town of Amherst for riverbank restoration and floodplain creation along the Farringbrook located off Belcher town road map 15C parcels 22 and 23 map 15 a parcel 47. Welcome Beth. And so Beth, if you would please introduce yourself and give us a overview of the project. Sure. I'm Beth Wilson. I'm the environmental scientist with the Amherst Department of Public Works. And yeah, I did an informal discussion with you guys already with this project and I know you have a really full agenda tonight so what I was hoping to do is give a general overview again of the project and then talk about some of the updates to the informal discussion. If that works out for everybody and just one comment about that railroad stuff I do remember riding on the railroad to confirm the wetlands. I mean, that was the way we did it we didn't, you know, hire a third party or anything. And I think I only did that once so that would have been five years ago Stephanie would have done it before that and most likely in terms of the butters I followed what she had done. The only thing that does come to mind as I know mass DOT has always been able to get out of a butter notification legally. They would send us a document that said that as a state utility or a state office they were able to get out of that and I would suggest going and looking at the file from the the previous time that they came before us five years ago and just see if that's part of it too because I don't. I can't remember the a butter part but I did ride on the train. It was great. So I'm going to share my screen. Right so this is the faringbrook floodplain creation project. This is the site location. This area is the about 18,000 square foot floodplain area that it's going to be created in this in this hatched area on the southern bank of the faringbrook all the way up to its confluence with the Fort River. And the project also includes stormwater drainage improvements on the north side on the north side of the brook. And then to give a general overview sort of the construction sequence for the project. This whole this is the floodplain area it's going to get first thing that will happen is that area will get cleared. This road will be hardened along with a construction entrance pad and a soil stockpiling and project staging area here. So that'll all get hardened. And then the erosion control will be installed. They're using proposing to use a compost filter tube all along the bank of the brook. And I'm assuming Erin and I talked a little bit about this that we're going to be using a turbidity curtain downstream of the limit of work within the Fort River itself so here or so. And then I'm picturing maybe two turbidity curtains one there and then one in the faringbrook right before its confluence with the Fort River. The next stage of the project would be once the clearing's done and all the erosion control is in, we would do the in stream work which is boulder clusters that are going to be installed in the stream and we put in the NOI three to five of those there's only three shown on the plans but we might increase that. The purpose of the boulder clusters is to improve bed diversity and in stream habitat. Each cluster consists of six boulders. I think two to three of them are sort of buried and are just stabilize the other boulders on top they're pointed in the direction to, to move the flow of the stream create some pools and riffles. Those would go in and at the same time, we're, we're hoping to use some of the wood that's cleared from the site in the stream also so to pull it to play some large witty debris in the stream to also just improve stream habitat. There's also going to be these four areas where core logs are going to be placed with cobble toes, and those are just to stabilize the bank and those four locations. Once that work is complete, the excavation of the soil and the grading of the soil will happen. These are the new grading lines on this sheet right here. There will be graded sloping to the south so it will slope up this in this direction. And all that soil will be removed from the site. Once the excavations done will be building two of these large woody habitat structures. And then the site will be planted replanted with all native species. This is our planting plan on the sheet. And those are going to consist of, I think it was up to 10 actual boulders and large tree limbs again will be reusing the lumber that's cleared from the site to construct those habitat features. This is our planting plan on this sheet. And the overall goal of the project is to lower the banks to a point where the water can flow over the banks much more frequently can spread out to slow the flows and allow sediment deposition and treatment of the water by the vegetation. You know the water that ends up actually getting back getting into the Fort River will will get will get treated in this area, but the whole area is also really an area where water can infiltrate. And again this will draw water from the channel, which will slow flows and slow erosion happening in the channel. And on top of that, this project is getting rid of a whole lot of invasive so it's it's really improving habitat and this this large 18,000 square foot area. Right now, you know, in the report I documented the invasive species that are in there there's photos there's there's every kind of invasive there's bittersweet that's that's taking down the few mature trees that are there. And this whole area here is all Japanese not weed. There isn't any mature trees or anything in this area it's just not weed. So this project will that'll be a, it's a goal and it's a great benefit is that it will get replanted with native species. And then I wanted to show you some of the changes since the informal discussion. The biggest change is that this soil stockpiling area is is going to be turned into a permanent parking area for the community gardens. So it's about it's about 40 by 100. It'll get hardened just to be used for the for the project as a stockpiling area for soil and staging, but when the project's over. We're going to excavate down about a foot backfill it with gravel hard pack and then stone dust to create a nice parking area for the community gardens. And then after the engineers just talking a bit about stormwater in terms of it and where we're going to slope it in the southeast really direction and put in a grass whale. Along the east and south southeast corner and it'll train out over here the community gardens are here. So the water, hopefully will won't be going. We'll try and keep that area dry for people to walk from the parking area to the community gardens. And that was I thought I only had five minutes tonight is what Aaron told me so but if, if people want to hear more details I, you know we've talked about it at the informal discussion, I'm happy to answer questions and provide provide more information. Do you have any comments you have before we get before we open it up. Um, I sent Beth a list of my questions and recommended conditions. Beth, do you want to go over those or do you want to meet a goal of them. Here's to the questions. Um, yeah, I don't have it in front of me. I remember one was the turbidity curtain question and we, and we are going to have turbidity curtains in there as part of our erosion control. I can remember some I know you were asking about oversight of the project, and there's money in the grant to to hire an engineer to oversight and the way this is looking is we're going to probably contract with some for the environmental consultant to to oversee the contractor and they may subcontract to the actual contractor themselves. So either way we do it, there will be an environmental consultant on site for the project and they can be the environmental monitor and provide the reports to the conservation commission. Great. And just to run through my other questions. And just jump on Beth answers because I have them right in front of me. I was asking about at what point erosion controls would be installed but I think Beth covered that pretty well in her presentation that it would be prior to the excavation and grading and that was really my biggest concern was to make sure that they were installed prior to that. And then she covered the issue about the turbidity curtain being installed. And then again, environmental monitor, and there's funds in the budget and I think that we should have it be a condition that a monitor be out there and provide us reports on a regular basis. And then my other question was how the site will be buttoned up at the close of business day and also on weekends. And that's that indicated that the equipment would be moved out of the floodplain and up on top of the hill so it was out of the work area on a nightly basis and that erosion controls would be checked and in place in the evening and that stockpiles would be covered. So my recommended conditions again were in the, in the application there was a note that the contractor that selected to do the work would have to provide a work plan. And so I just requested as part of the conditions that the Conservation Commission be provided that work plan for review, and also the contact information for the responsible party for monitoring and then whatever you guys think is a good monitoring level if it's after a rainstorm if it's monthly weekly, whatever you guys think and then state and local or state and local boilerplate conditions should also be included. Okay, thank you, Aaron. Okay, so comments from the Commission. A few questions that somebody else start my interrupting. Thanks. So when, when is this going to happen and how long will it take Beth, I'm sorry I'm sure you said this by just as a reminder. We're shooting for August of this year so August to, you know, the end of September, probably. So low, low, low flow. Yep. Okay, and if we happen to have a very wet summer. What will happen. Yeah, so this is this whole site is in flood zone really. So if we have a really wet summer the contractor. I mean we're going to still go forward with it I'm assuming the contractor would really need to be paying attention to when storms are coming and when when they're when they're not in terms of getting his equipment out of there and buttoning everything up. You know, so. Yeah, because by the when once this gets excavated and replanted. You know there's going to be a time there where, where soil is going to be easily moved to something major happens so. Well, and the plan does call for some matting to you know there's matting that they can use, depending on really how close the plants are I suppose they can spread as much of that as they need or when they're in if they have to leave the site because rain is coming and they haven't gotten to planning certain areas, you know, matting can be used and they just have to be prepared to like all contractors to come up with ideas on how to control erosion on the site. You know, but. Yeah, and that's where I was kind of going and Aaron I'm sure this is what you had in mind when you were asking about kind of who the consultant is and who's providing monitoring reports but inevitably there'll be a one to two inch rain event when this is at the most most fragile point in construction. So we just I just want to make sure that we have controls in place to put in extra erosion controls and like really button up the site. Because they're, you know, by default by definition the project is like working with lots of sediment in the most fragile part of the creek, I guess. That's what you had in mind but if we need to add stronger language to the conditions. I can help with that brainstorm what that beverage might be. I just lost my Wi Fi for about three minutes while you were talking to Jen so I'm sorry and I don't need to have to reiterate everything you just said but yeah that would be great if we could incorporate what you just suggested into the condition. Yeah, just stronger language about making sure we have control, like the levers we need so that when the site is at its most vulnerable from an erosion control standpoint, we can make sure that all measures are taken to protect water quality. Should there be a big storm or flood event storm and flood event. And then my next question bet so I'm still getting my head around the fact that this is happening in the wet. I expected some sort of diversion channel for Fearing Brook during the install of the boulder clusters and the like near stream, quite like Cormat and things like that. It's going to be hard to do because what will happen is they'll like start digging up the channel turbidity will skyrocket it'll be really hard to see what's happening. And then you'll have to like kind of install these, these boulder clusters, like with an excavator arm where you can't really see them. So, I guess I don't know if I have a good solution but I'm like worried that there's going to be a lot of machinery necessary to do this and it's going to be difficult for them to see what's going on. That's just from it's literally having been an engineer on site at these projects like, even when we weren't required by regulations to divert we often did because of that reason. So, I don't know if we need like some sort of estimate of like flow levels that are okay for the in stream work. Like if flow levels are, I don't, I don't, I don't want to throw numbers out there but like, if we have like a full wetted width of the creek, you know, and that might not be the best time to go in and do the in stream work like maybe at lower flows. So like they could technically do the grading on the floodplain and then go in and do the in stream work, you know, like, so there should be some sensitivity to the timing of the in stream work to the flow levels in the creek. Yeah, no that makes sense and that you could definitely write a condition that says that you know that that like that there has to be sensitivity to it and then you could even come up with some kind of a flow measurement like you were saying the width of the stream you know, like, I was out there today and with the flows there right now because it's been so dry. I don't think if an excavator came down and was able to stay on the bank and was able to, you know, plop these boulders which the boulders are supposed to be 12 to 24 inches so they're not gigantic they're sort of there. They're not big boulders but not excavators can carry much bigger than that but I can see an excavator coming in and being able to dig and plop those in without, you know, causing too much disturbance to the stream with the flow there is today. But certainly you wouldn't want to be doing it after a storm even, you know, within 24 hours 48 hours after a big storm event probably. So what you're suggesting sort of a width of of the sort of submerged channel might be a good measurement. Yeah. Chances are the contractor isn't going to want to do it in like the super wet so we're both protecting ourselves and it's to everyone's best interest, but that might be worth conditioning. I have to think about like what the technical terminology would be for that. You know, it's like really it's low flow conditions but how do we like, how do we make that you could do something with something you could do like you said the sort of the width of the submerged channel but also you could do. There's no previous rain events and 48 to even more 72 hours something like that so that they really end up having to pick what days to do it based on recent storm events. Yeah. Or you just say, you know, make sure that the contractor can see what they're doing. Yeah, I mean I just, you just never know, you know, totally. You have to make it very clear. And that's the worst thing when you like when the contract there aren't tight controls, and then you can't control when machinery is in the creek because that's like the most sensitive time right. Now that is that something that we could work out in the the the work plan that the contractor is submitting to review that and set those parameters at that time. I'm just wondering if, if we need to include that level of specificity in the order of conditions or if we could say we reserve the right to to modify the work plan in compliance with the order of conditions to protect the resource areas or something like that. I think yeah, you could. Yeah, and you could even when you're saying a work plan is required. Say, specifying construction sequence including when in stream work is going to be done. Specifically having to do with low flow or something like that. So that they know that that has to go into the work plan, a more detailed description of of that sort of decision process about when to do the boulder clusters. Now, Jen, do you think that a condition like that would be adequate to for all your comments because I missed some of them. I think that's good Aaron and I think that it's actually probably the best solution because the work plan will happen closer to when they're trying to do the work and then we'll know what kind of summer and season, we're having you know if we're setting up for a low flow, a true low flow season or not. It's less and less predictable. I feel it lately. Yeah, so I think that's great. Thank you. Good idea. Jen. And just one quick comment so I noticed that there's one person from the public has their hand up and just let them know that once we're through with all of the comments from the commissioners, I will go to the general public. So sorry, Jen. No, this is my, I'm, well, I might think of more comments but I think this is the last one I know of right now. I'm not sure that this is in the notes on one of the plan sheets on the planting plan sheet I just can't zoom in enough to read. Is there a survivorship like protection for the planting plan. Like what is the plan for like what percentage of the natives that go in that have to stay alive is there any maintenance. Are we going back in and pulling out the knotweed next spring like, how are we going to make sure that we give this a fighting chance. So in the, so in the NOI itself it has little discussion about on M which is at least two years of monitoring to make sure the vegetation, which I think is sort of a standard for replication areas. Under the Welles Protection Act, but two years of monitoring vegetation and removing any invasives that do reemerge. That's not sure what you think of that. Yeah, it's going to, it's a really dicey spot already. But they're going to excavate to get a lot of that out, but you're going to get stuff coming downstream. So two years. You know, I don't know if we can do more or if we can, you know, get like a volunteer group or something to monitor or something. It's going to come back. So the question is how aggressive. Do you want to keep it at bay. I know that doesn't really help but I really do appreciate Jen what you're saying is about at least the need the survivorship of what is planted. What happens all the time they plant stuff and it just dies. Usually what happens is that people over plant for that purpose, but to make sure that there's a certain percentage of survivorship I think is key to get at least get those roots in there and establish themselves. Yeah, not get taken over by not lead. There's lots of invasives right across the stream and ends of the extent of work. So, oh yeah, totally. So that they're going to be there but the question is I like I appreciate the idea of making sure whatever is planted there's a certain percentage of survivorship. Because at least if they can get there and establish themselves they're going to do what you just said what you explained Beth in terms of the benefits to the stream. So at least that will be there. We've got to stay on top of it and you know we sweet that's the problem when we permit these things all the time like, you know we're like oh they're going to like they're like yeah we're going to take care of the invasives but yeah they walk away after two years. So don't forget the cameras can win so no I know that's why that's so that's why actually so I was that's why I was get that's why this is there's actually potential that may be this to be successful. I was going to ask like are you putting up signage and stuff to show nobody read signs but be really cool to show signage I'm sure because it's a big grant that that and there's a community gardens there so because there's something to kind of get it all in there. So there's a there's a kiosk that we got through through this grant but then there's other signage for Fort River Farm I know that some exists already but I think probably Dave has plans of other signage so there'll be plenty of information about this project. And just in terms of monitoring since it is the conservation area, you know, this project is got so much funding based on the grant, but then future monitoring, you know it is our conservation area, which I, and Dave would know more and Aaron maybe down the road, we're going to have people out there using the community gardens and. And, and so they'll be staff going out there every now and then and, you know, Brad eventually will be trying to keep the invasives out of here and hopefully going after some of more of the invasives that are down. Down the road, you know, there's a walking path comes along here and it's going to keep it goes this way along the Fort River and if you follow that path down here there's more not weed. We're all there and that's really maintenance of the conservation area that we need to keep up with. And Beth mentioned a good point when we're out in the field. So the property across the street is school grounds, so town school, and so the potential for that to be a educational project with the school, obviously Fort River School would be very interesting and cool. Right. Like, you know, I don't know, you know if you sign up to be a community gardener you do a weed pulling day once a year or something, you know, I don't know. You gotta do something. It would be a shame to see this go back to not weed, which it's going to try to do. mitigation funds from ever source as well from a good chunk of funds so like something like this I think would be a great application for a long term but I, I just want to make sure that we're not getting hung up on these details because we have 12 hearings tonight. Right. So quick comments I know you guys got to. So I think there's been a great conversation yes we need to. This might be like a stronghold we need to really. I agree with you Fletcher I agree with you Jen we you know this might be our, you know this is where we draw the line here and then we try to aggressively keep both invasives out of this area and then move up up the fearing and down the fort so it's idealistic I know but maybe we, we kind of try to stand our ground here and make a stand so I think that's great. Beth I'm just kind of reminding you that and me, more importantly me that we need to, we need to talk more to the schools right, and we need to talk with the butter to the west. So we'll get that done. And then, this is probably a very minor point but that's you mentioned earlier, the soils, the soils leaving this site and I have, I don't want to get into this now I don't want to get into the weeds or the seeds or the rhizomes but like, this is exactly a great spread right you dig it out, and we move it to another site and it's somebody else's problem so maybe we give that some thought, I don't know what that is but I don't want to take the time tonight. And then lastly Beth, I don't know, and then I could be just not remembering this but I'm Kestrel does own a CR over this property. And I don't recall having a lot of conversations with them about the project but I think we probably should brief them about the project sooner than later so I'll put that on my list, and maybe we can boom with you and Aaron and myself, just to talk them through this. Yeah, sure. Yeah I have a vague recollection of Stephanie talking to them or at some point talking to them about it but it's been a long time. I think we've talked to their past land specialist Paul gag, Gagnon I believe was how you pronounce his name. He's gone huh. He's gone now. And lastly I just love how Jen how you call it a creek I love I love that. Stream. That's a background ignorance question. I assume that that water comes from the area below south of College Street and west of Southeast Street in the area that Amherst College is. How does it get there. How does it get to the sanctuary and Amherst College. No, no, how does it get from Amherst College to there. It goes under Southeast Street. That's what my part of my question. So there is a there is a channel or there's a conduit that carries under Southeast Street over there behind and below the bank, the bank. Yeah, it goes under Florence savings bank building and then other pipes join it. What actually ends up coming out into the faring book is sort of a combination of tributaries right there at that intersection. And then again and then the faring book, the outfall is right behind where Michael's billiards used to be. Yeah, that's where all those yeah I can see that part because I'm looking at the town map so we're but I would just I was my it was my ignorance I'm going to talk a little bit about where that came from and you know all of a sudden here's Fearing Brook and I know it's over there, but it's like some other places in town with which you can talk about up toward triangle street where water disappears and comes up someplace else, or Fearing Avenue, or Fearing Street, you know there's Unfortunately, it's on our agenda tonight isn't it. Eventually, Tam Brooke. Yeah, eventually. I think that that exact reason that you just articulated Larry the fact that this that you know Fearing Brook is underground under the East Amherst Center like intersection is exactly why this project is so cool though because what happens is sediment is probably just shunted through that that underground system and then you know this is the perfect situation to like allow sediment to settle out here and be a functional kind of textbook floodplain where you have, you know a creation of fine sediment so Beth like, you know, I hope you my all my questions are icing on the cake and I think it's a really exciting project. I think that's that's the last why I brought it up is because it really was back to what's what's what's feeding all that. Yeah. So, Beth, I have questions related to the work going on here both related to endangered species. And so you have a couple out here and so when we were in the field you mentioned what's happening with the muscles. So there's at least potential habitat for endangered muscles here there's also turtles. And we're going to feel we didn't mention turtles so can you just comment real quickly about what the plans are to deal with both of those. Yeah, so natural heritage review this and in both cases they want for the turtles they want a turtle protection plan. Put together and I'm pretty sure they were requiring a environmental consultant turtle specialist to put the plan together. So we still have that done prior to the project. Typically that means sweeping for turtles and possibly putting up some barriers for the turtles, which often can be instead of instead of the compost, the filter tubes it may actually be so fence but you know we'll work with somebody on that and the muscles is the same thing that we need a muscle specialist who's going to. Right before construction starts they sweep the area where the boulder clusters are going to go and I think the farthest east boulder cluster maybe the only one that's actually in the mapped natural heritage area these other boulder clusters are outside of it. But that area needs to be sweep for muscles and then the muscles will be get relocated by the biologist. Okay, thank you. And then maybe I missed it when you're presenting earlier but I just want to make sure that the commission realizes that there's also a piece of this project that is on the North Bank of this that goes into Fort River School, and that's going to create some additional work that's happening here. Yeah, I didn't I know I talked to you guys about that at the informal and I didn't know how much time I had tonight to talk about all of those things. Okay, and then Beth you said that you are waiting for a letter from DEP has that arrived yet. Oh yeah Aaron, Aaron forwarded to me today and surprisingly they had no comments, which is, which is wonderful, which is wonderful. Yeah, DEP number and Mark had no comments. That is surprising. Yeah. Okay, so any other comments from commissioners on this. Okay, so I'm going to open it up to the general public now so somebody had their hand up before but it's down now so if you want to re raise your hand or if there's somebody else wants to raise their hand and we can allow you to speak. Okay. So Cindy I hit the magic button so you should be able to speak now. Oh good can you hear me. Yes, we can. Hello. Yes. My name is Cindy Del Papper. I'm with Cindy Del Papper with the division of ecological restoration and I am the project manager for this for DER for this project we are partnering with this town on the Abbey Brook. This is a restoration wrong urban river. And I just wanted to speak about the boulder clusters. They take literally minutes to put in. If you have a contractor who knows what they're doing which hopefully we will get. And the bed material at this section of Fearingbrook is almost 60% gravel and the rest is sand. There shouldn't be too much turbidity. The turbidity is coming from upstream and from the bank material so I agree that they shouldn't be doing it in anything but the lowest flows they can manage but it should go very quickly it's not a day days long undertaking. The other excavation is all going to be above mean high water so provided we don't have tropical storm or a hurricane come through. Mostly it will be in the dry we hope. Excellent thank you Cindy. Okay. Any other comments or questions. It doesn't sound like we're waiting on anything else so I think if at this point, Beth if you could unshare your screen and then Aaron you have a motion that is ready for this. And there's an additional. Don't have a motion for this one. But the DEP number is 089684 of the conditions listed under conditions. Only other condition that I sort of like a catch all condition. Of course the state and local boiler plates would be that the condition stating that the commission reserves the right to modify contract or work plan construction sequencing. Hey guys am I the only one having a hard time hearing Aaron. No she's cutting in and I was going to let her know when she was done. Sorry. I'm going to stop my video hopefully that'll help. So in addition to that, the conditions that are listed here on the screen I would, there was one other condition which is a catch all that the commission reserves the right to modify the contract or work plan. And then there's other construction sequencing specifically based on stream conditions rain events for and stream and rain events for in stream work. Okay, thank you Aaron. So Jen, would you like to make a motion. Yes, so when would. Okay, so I move that we approve. We approve the NOI for just getting the DEP number up hold on for DEP project number 089-0684. This is a Fearing Brook floodplain restoration project in Amherst, Massachusetts with the conditions that a contractor work plan must be provided to the conservation commission for review prior to the start of work. A monitoring party or person responsible must be identified with the contact with contact information for construction supervision and planning on the site. The state and local boiler plate condition should be included. And then that the conservation commission reserves the right to change the order of operations on the site in order to protect water quality. In the event of major, you know, storm, so that we can avoid work in the wet when necessary when possible. Second. Okay, thank you. So voice vote. Let's see Larry. Aye. Laura. Hi. Jen. Aye. Aye. Not sure. Aye. Roy. Aye. And I for me as well. So we are good on this one. So thank you very much, Beth. We look forward to, yeah, seeing the great work that happens here. This is cool. Thank you. Have a good long meeting. Good day if you want, Beth. I'm at my office. I need to go home now. Okay, so we're going to move on to our next item. And so word if you are here. And so if Aaron, if you can get word in, I'll officially open the meeting. This public hearing is now called to order this hearing is being held as required by the provisions chapter 131 section 40 of the general laws of the Commonwealth and act relative to the protection of wetlands as most recently amended in article 3.31 wetlands protection under the town of Amherst general bylaws. So this is Ward Smith for Gordon Paley for construction of single home of a single home, single family home in a buffer zone of bordering vegetated wetlands located 24 Paley village road map 21 B parcel 87. So welcome Ward and I introduce yourself and give a brief background on the on the project please. Yep, I'm a Ward Smith professional wetlands scientist. This is a lot five Paley village road. This was a subdivision that was previously approved by the conservation commission, but the order of conditions has expired. This is the last lot in the subdivision that was never developed, it was cleared, and a lot is still cleared, but the property was never developed for a single family house. I re delineated the wetlands the ones that were originally delineated by Chuck douchy. I re delineated the wetlands in the fall. The essentially what Chuck delineate I think my flags were a little bit higher which is usually what happens when I re delineate no line. It's a 2200 square foot two story house. The lot is not doesn't have a ton of space but there's enough space to maintain a 35 foot setback from the wetland line. This the work limit is proposed to be silt fence on the plan I would expect the conservation commission to require a double erosion control line given the slopes there. It's, it's, it's fairly steep, not super steep but it's fairly steep so there's going to be a walk out basement in the back and the front of the area will be lawn with a paved driveway. That's basically a synopsis of the project. Great thank you word. Aaron. So I'll just show photos for anybody who didn't make it out there is standing down at the toe of the slope. Aaron and your voice is cutting in and out again. I think it's a Wi-Fi issue I'm going to just do my best I turn my video off. This is looking directly at the wetland. This is the lot standing at the road facing down. I don't really have any major concerns about this if this work was already approved as part of the subdivision plan, but I do agree with Ward that we should have state straw bales as well as a filter fabric silt fence as a requirement for work. I also think that this the erosion control barrier is going to have to be monitored by someone and we should have a contact name and phone number for whomever that is so that we know who is responsible for that monitoring. We should definitely have an erosion control inspection at the start of work and stabilization measures at the completion of work as well as an inspection by me once everything is stabilized before erosion controls are removed. And then boiler plate and state conditions are also recommended. Thank you Aaron. So I'll open up for the commission. And so one question I had for you Ward, is there anything in the plan for permanent demarcation of the wetland boundary? There is not. If you would like to require that that would be fine. What would you like to see as permanent demarcation? Boulders are our preferred mode of demarcation. For the 30 for the 35 foot setback. Okay. Yeah, that's what I would say. I have no problem with that. Okay. And then I also noticed that they're, so you're basically trying to keep all of the house out of the 50 it creeps in a little bit. That's probably from the re demarcation. Yeah, it looks like it's mostly out of there. So is there something in there about how the lawn particularly, you know, on that back part is going to be treated or more specifically not treated so no chemicals. And that's sort of, again, and you can, you can put that in as a condition that's hard to enforce. But, you know, yeah. Yeah, we have a boiler plate condition for state and local that with specific requirements for herbicides and pesticides and fertilizers. I think the most most of their lawn is going to be in the front I don't know that the backyard is going to have and I think especially if you're requiring the boulders which makes sense that's going to keep. It's going to limit their use of the backyard. Yeah, it's kind of shady in that back anyways. So, a little wet obviously. How about other commissioners. Any sort of comments or thoughts on this one seems pretty straightforward the other houses are already fully built fully occupied. Yeah. Okay. So any comments or questions from the general public you can use the zoom feature of raise your hand. Okay, not hearing any looking for emotion. I'm going to accept the NY for 24 Pally Village Road, but what's going to make sure we're going to have the double erosion control with the steak bales and the totem filter fabric will have the folders to delineate the 35 foot wetland boundary. And let me just read that right off there. Sure. I mean, it's, you're doing great road control. Let us please let us know before after installation is in before the start of work. Let us know who's going to be responsible for the monitoring and make sure the site's going to be stabilized and we'll be inspecting it when when everything's in place and then you'll see the rest of our boilerplate state local conditions. If you have any other questions. Thank you. Looking for a second. Second. Excellent. So voice vote on a pleasure. Hi. Roy. Hi. Jen. Hi. Larry. Hi, Laura. The people jumped around on me so did I lose anyone. We're good. Okay. And I for myself as well. So thank you very much for it. We are good. And you'll be able to work from Aaron. Thank you very much. Have a good evening. Okay, so we are moving on to continuation. And so this is from Haynes hydrogeologic consulting for Amherst poor farm. And so if the applicants are here for this. I will make you a panelist. Okay, so where do you go. Should be over here. Okay. I see Meredith is in and I thought Dave was here too. And then Alan Weiss is here for this. Dave is somewhere out there. Yeah. Yeah. Dave, if you can raise your hand again. Oh, there you are. Don't raise it. I can see you. Oh man, you moved too quick. Okay. There we go. And is that right that Alan Weiss is a part of us as well. No, that was an error. I think in the. Okay, so we can just put Alan back into the general pool. So. Hello, Alan and you'll, you'll still be here. So welcome though. Hi, Alan. David Haynes for the applicant. Are you, or do you have to make an announcement? My only announcement was please introduce yourself and just update us on where we are at. Yes. David Haynes for Haynes hydrogeologic consulting represented the applicants on this. We would like to request a continuance to your next meeting on April. 28th for the purpose of revising the notice of intent for the exclusion of the enforcement issue. For the restoration issue and also to fine tune all of the agricultural uses that we want to do on the property. Give you a more complete plan. So we would like to have a continuous until the 28th. If you would add 730, please. Okay. Looking for a motion to continue. I move we continue this to April. 27th at 730. April 28th. Sorry, the 730 through me off. We have to continue this to April 28th at 730. Second. Thank you. So voice vote Fletcher. Hi. Anna. Hi. Jen. Hi. Larry stepped away. I'm your eye. And Laura. Laura. Hi. Good. And then I from, from me as well. Okay. So that is for the NOI piece of it. And then, but we're going to still do the restoration piece tonight. I assume. Yes, please. Yes, please. The spot on the agenda. Yes. Yeah. You guys. Let's, we might as well just talk about it as long as everybody's here. Let's just, just. Deal with it right now. Oh, great. Thank you. Meredith is the. Meredith did the restoration plan. And if she could present that, that would be excellent. Okay. Can I share my screen to show you guys the map? Yes, you should be able to. Okay. Thank you. So good evening, everyone. I know you guys have a long night ahead of you. So I'll try to be as quickly as possible. I can't remember where we left off. We basically have an updated map. And restoration plan per our conversation with natural heritage and Aaron, and that was. Oh my God, months ago by now. So. Let me just share the most recent plan. It just had some minor tweaks from when I sent it out in March. Or did it. Sorry. A second. Not seeing it all of a sudden. Here. We have copies on our side too, Meredith. If you'd rather have one of us share. Oh, of the map I sent tonight. Earlier today. I mean, oh, here it is. Can you guys see that? Yes. Okay. So I. So just to reorient you. We're on. Parmarine lane to 14 primary over here. This was the site that the BBW was cleared. It was a former farm, but well over five years ago. So it was no longer exempt. So we're at now is restoring. BBW along the Eastern and Northern. Edges of the field. And the site is also mapped by natural heritage. And there's a riverfront area because Plum Brook is down here on the. South West. So our plan is to. Re-vegetate the BBW. And I can go over the plants and we want to do that this year by June 15th is the deadline I'm proposing. And then we're also going to revegetate the riverfront area because part of that was mown as well with obviously different. Types of plants that are do better in. So we're going to have to do that. But that all that area is also overlap by natural heritage. So we have to plant that zone sooner. And they would like us to do it by May 15th because after that, the turtles. Start nesting up there. In theory, we haven't had a turtle biologist out there to tell us that, but that's why it's mapped. So, so our plan right now, if we get approval tonight, we're going to move forward first, we're going to get the. All the zones staked by the surveyor. And then. The planting will occur and that's going to be monitored by David also upon your approval because I won't be able to be out there during the week. And I assume that the plantings will happen during the week days. And we're also going to monument the wetland line permanently monument the wetland lines with. The stakes rebar. So if the stakes ever decompose, the rebar will be present forever. And also bird boxes. And we have a fancy little key here. Which may be a little bit tricky to read, but I can. Explain it. It's going to be actually it's going to be posts. And, and the rebar. And some of the, a few of them will have the bird boxes on there. We've cut that down because we found out. The bluebirds don't like to be very close together and they like to be more spread out. And we had too many bird boxes and it was just going to cause a fight in the neighborhood. Yeah. Yes. Thank you. So the little green dots represent bird boxes. And then. And that's along the BVW line. I think the flags are about 30 feet apart more or less. And if they, so we're going to monument every flag. And then if they're more than 30 feet apart, we're also going to put a post. Am I saying that correctly, David? Basically we've shown all the posts we're going to put in. There's a, there's a couple. Situations. And so the other chapter is there as we go through. And there's not, there's not a lot of blur pictures. But it can be worth, it's stretch is a little bit. There's going to be too many posts. So I mean, this, they're basically 30 feet apart. And we fill in any big gaps with an. Next to wind. And the rebar. The, the posts are gonna be, we're gonna be four inch posts. We'd like to have it four inch. Either square or around, but. and a post in front of it or adjacent to it in front of it with a marker on it about not mowing beyond it and then there'll be a couple of interim posts that don't that weren't wetland flags but are on the line so prevent intrusion into the wetland area and that's yes that's as Meredith's plan and I will just say so in the riverfront area we're proposing to plant 215 shrubs those will be low bush blueberry huckleberry and sweet fern we also chose those plants because we hope the turtles will like like that the low hanging fruit of the blueberries and potentially huckleberries and then in the bvw areas we're going to plant um every averaging every eight feet on center um we're going to have dogwood silky dogwood high bush blueberry and um winterberry i looks for just a lot of we again we're going to have a monitor out there so whoever is doing the planting is going to guide the landscapers to um make it look like a wetland so we don't have plants in rows it's not meant to be farmed um it's meant to restore the wetland so we did provide a conceptual plan that I can share but basically the shrubs are going to be clumped but scattered throughout the wetland so again meant to look like a wetland not a place we're farming um is going to take place what else Dave and my yeah the the timelines I mean the May 15th to plant the the riverfront area so we avoid the nesting of the turtles June 15th for the wetland area the staking is supposed to be done by April 30th we've talked to the surveyor and they're running into a little bit of a time problem there so we've we've got it so we'll definitely do the the riverfront area staking by April 30th and the rest of the staking will be done by May 7th if that is okay with the commission that was just a we're trying to work scheduling and get everybody on track in the in the right order also since since this work will probably be done during the the week Meredith essentially works three other jobs will not be available to supervise the replication or the restoration and has put me forward forth as as an alternative I have had a little bit of experience doing this actually quite a bit and I would like the commission to hopefully approve me as a as a person to supervise the restoration if that's appropriate okay thank you a little bit about my history I've I've been doing this for 40 years and I've done several hundreds if not a thousand wetland replication either proposals or or supervising involves with if you ever look at the cumberland farms at five corners in in grand b there's a one-acre swamp out in back of it that we constructed in 1983 so it looks pretty pretty wet it's also a pretend it's certified or a potential for an old pool back there mapped but anyway but thank you for considering me thank you David and thank you Meredith Aaron do you have anything to kick us off on this um well I just want to say that I I have reviewed all of the revisions and the requests that they have made and just from my perspective I really feel that they've done a fantastic job to incorporate all of my feedback all of Rebecca's requirements I think that the plan looks very good I think it's improved dramatically from the first draft that we saw and I am in favor of the board approving this so that we can move forward with the restoration as soon as possible thank you Aaron yeah and just one comment to add um and I apologize if you already mentioned this uh Meredith that there's going to be a wetland seed mix that's going to be planted interspersed with all of the other plantings that you guys are going to be doing so yeah sorry to mention that we're proposing the new england wet mix in the wetlands and then in the riverfront area um conservation conservation yeah the conservation mix because it's a little bit drier over there makes sense yeah and that's it's it is important to get the seeding done you know by the by june but the sooner the better and hopefully we'll get some rain that that upland that conservation seed mix is also an excellent mix I can't remember exactly what it's in but it's also a good food source for the turtle um and one of the reasons we selected we have species in there and can you also just um really briefly recap the the plan for monitoring I think it was a two-year plan the long-term monitoring is proposed in the written restoration plan um we were proposing two years of monitoring so plots in the bvw's areas in a vegetative assessment in the riverfront area we weren't gonna let me see should I write and then with a report to the commission by november 30th of each year and I did break the caveat that if it's not doing well um you know more monitoring will will be required and and maybe more plants are seeding um it's the type of thing we're just going to have to see how it does and two years is the minimum um so that's what we're going with for now but they're very well likely be um more monitoring after those two years but hopefully it will do okay excellent thank you so comments from commissioners we've been seeing this one for a while so it's definitely evolves a lot and so thank you um yeah for everything that's happened here comments or questions from the general public you can raise your hand virtually okay not hearing any um erin do you have a motion um draft that we can look at so looking for a motion I move to approve the revised restoration plan provided today for 1421 for two 14 pomeray lane thank you laroy looking for a second second okay so looking for a voice vote fletcher hi larry hi laroy hi anna hi laura hi jen hi and I from me as well so thank you all very much and I think we're good with this and we will see you in a couple of weeks great thanks and we'll keep you posted on the steps as we go forward thanks everybody have a good night thank you thank you guys bye okay so we are moving forth um so we are on the notice of intense for tofino and so these are all being requested for continuation um can you just I assume that nobody is here for these but erin can you just update us on the reasoning and what we can expect yeah um it was just it's been an unusually dry spring um and uh just speaking with art he had concerns about um getting out there to look at the the high water line when it had been drier than usual conditions and I checked in with Jen and we agreed that we wanted to try to push that to the end of April to see how the rain conditions improved and I spoke with Ted Parker he was totally fine with that confirmed in writing that that was fine with him and erin since we emailed it looks like the long-term forecast is stacking up to get wetter over the next couple of weeks so um and I'm sure art has a eye on it but maybe not next week but the week after might be great timing sounds good might even get some snow coming up so snow melts thankfully okay so anybody have any questions or comments on this one okay so sorry real briefly so art's going to be doing a whole a new delineation he's just he's doing a peer review of the um the vernal pool boundary but it needs to be a little wetter to confirm that boundary yep yep no I remember it's just been there's been a lot on this one I kind of forgot okay got it I've been going on for almost two years right I just headed up I was like uh right I remember now thank you and then we had other Tafino stuff for yeah stuff down there before us before that too so okay um so looking for motion and this will cover all of the lots in a single motion all right so I move to continue Tafino and Associates uh Inc hearings for lots one two five six seven and eight all of the lots to uh April 28th at 7 35 p.m second thanks Larry okay thank you both Fletcher aye Anna aye Larry aye Laura abstain Jen aye LaRoy aye and I for me as well okay so that pushes us well into our agenda so we are now um yeah so we're well past time so we can start the next one without any issues okay so um let me get my paperwork out and this is going to be for Levesque Associates and this public hearing is now call to order this hearing is being held as required by the provisions of chapter 131 section 40 the general laws of the common well as most most recently amended and chat and article 3.31 wetlands protection under the town of Amherst general bylaws this is for our Levesque Associates for Todd Alexander Alexander Central Amherst Realty LLC for repaving of an existing parking lot driving aisles and curbing improvements within the buffer zone of an intermittent stream located 33 to 37 and 51 east pleasant street map 11c parcels 267 268 270 272 and 273 so welcome um and so Todd I assume that you'll be presenting and if you can introduce yourself and give us a background on the project please hello everyone this is this is Ryan Nelson from our Levesque Associates I guess I'll be kicking things off here Todd I think is on the call with us maybe he'll speak in a moment but as you may know this site is the former Bertucci's restaurant building uh located here at the corner of triangle street in east pleasant street currently the parking lot is you know not in the best shape and definitely needs some repaving and uh work for the new tenant going into the building so as you can see this existing parking lot shown here in blue and red we divide it into two sections for kind of two different repaving activities to occur the first being the red hatched section it's about 5100 square feet um that pavement is going to be removed and then also the base is going to be removed to about excavated to about eight inches deep a new gravel base will be installed and compacted with a binder course and then a final top coat of asphalt and then the blue areas that you see uh just under 25 000 square feet will be repaved so that this proper drainage going to the existing catch basins located within the parking lot the reason why we're before you tonight is this work is within the buffer zone to an intermittent stream located here there's a culvert outfall a head wall located right here the stream flows this way in this direction before we're going into another culvert that eventually confluences with the tan brook conduit that traverses the property that's a subsurface piping uh that these catch basins and this offsite culvert and stream ultimately lead to as part of this project there is also some invasive species located along the bank of this stream it's mostly or pretty much all japanese knotweed so as part of this project we're proposing to remove japanese knotweed by hand it would be cut during the summer months um and recut as needed throughout the summer months as new shoots uh try to grow back the cuttings would be immediately placed into uh bags and then removed off site and dispose of properly in a landfill and not some other site where they could spread and then we're recommending towards the end of the summer or just an early fall that those cut stems be spot treated with an approved herbicide by the commission by a licensed applicator once the invasive plant species are removed we then have proposed plantings allowing this bank to provide shade for the stream the species we have selected are maple leaf fibrinum service berry also shad bush i think some people call it and then paper birch saplings all are about two to three or three to four feet in height scattered along the bank allowing that stream from culvert to culvert aside from that there's no new point source discharge for storm water we're not increasing impervious we're simply just repaving the existing parking lot and we're also going to be installing a new curb line following this easterly border of the parking area shown here this dark and blue line the existing curb will be left in place we're simply just going to be constructing a new curb immediately adjacent in front of it on the interior side of the parking so our goal is not to disturb any soil on the site or be on the limits of this parking area i think that highlights all the key points if Todd wants to chime in otherwise we're happy to answer any questions from the commission thank you ryan Todd do you have anything you'd like to add at this point uh no i think ryan covered everything in great detail um this is a project that i'm sure you all recall we kind of uh jumped the gun prematurely on this in December um not and this is um my first experience with a conservation commission not realizing the steps that we had to take here and uh we apologize i take full responsibility for that but we want to do right by this and and uh obviously have this taken care of uh in all the right manners so we're here to work with you and hopefully um we can get this achieved the the parking lot hopefully some of you've had a chance to take a look at it it is in um it's in really rough shape Bertucci's was a tenant for 20 years there per their lease they were supposed to maintain the parking lot over the last many number of years didn't do anything to it we do have a new tenant that's coming in that we're very excited about they're gonna be putting a lot of improvements into the exterior of the property we uh as far as the building goes and we just want to make sure that the the parking lot and surrounding areas uh are going to uh show nicely as well great thank you Todd erin so i'm just gonna flip through some photos i'm sure you guys are familiar with the site this is the area of japanese knot weed along the stream itself the parking lot just to show the condition of the parking lot there's two existing catch basins on the site that are currently protected and then the portion that was um patched just to protect it over the winter um i did send a pretty long list of condition or uh questions to um to ryan yesterday um and he spun these around really fast which thank you ryan because i'm playing major catch up right now and so um is the turnaround was really appreciated um basically my my comments were um this this site is not subject to um storm water redevelopment under the regulations because they aren't expanding impervious and they're not adding any point source discharge but they did provide and at my request an operation maintenance plan a long-term operation maintenance plan for the management of the parking area and the catch basins anyways which is great so that means that those areas will be monitored um they also included a great deal more specificity with regard to the invasive species removal that i had requested and so that's what those revised documents were that i forwarded you today that included that greater amount of detail um particularly about how the material was going to be removed how it was going to be disposed of and how the area was going to be replanted i didn't want it to turn into just a landscaped area that was made to look pretty with non-natives the whole idea is for it to be restoring the bank of the stream and additional details with regard to the treatment when it was going to be treated um the time of year it was going to be treated how it was going to be treated and how long the treatment was going to be for so um all those details are now included in the materials which i am satisfied with after reviewing them and um that trash will be cleaned up out of that stream on a regular basis um they set on a weekly basis in their application and there was one error in the application which was revised so um based on that um i felt like all of my comments were addressed um and again these were all my comments there was no comments from Jason Skeels um i asked him about the condition of the catch basins and he said that he thought that they were in adequate condition um and so based on that uh these are my uh recommendations um and that um approval include the revised plans that were provided today excellent thank you erin and so erin is this indeed intermittent and probably has to do with just the catchment area i know we've had issues depending on where on tan brook we've measured from yes so tan brook only becomes perennial um after it enters the um culvert that goes under um mass av oh all the way over there okay yeah yeah before that it's intermittent the whole way okay thank you yeah and this is definitely a sad little stream there and so yeah anything we can do uh to help improve that would be would be great any comments or questions from the commissioners this one sounds like you guys are going to be getting a um license applicator anyway but um i found the best luck with knotweed is if you cut it now it'll obviously resprout but the best way to hit it is with um when it flowers in the fall or late late summer in the fall but i'm sure the license applicator will know that and um be the um will operate the proper way but you're going to have to do it a couple years and maybe more than two to really knock that stuff back so um one one other one other suggestion might be to also i know this is really small area you're putting in the viburnum paper birch and something else service berry but maybe some of the types of other shrubs in there might might be advantageous but as like we were talking about in fearing brook it's it's a nifty spot but um really just a comment yeah and then to build off with that just to make sure that the and the applicant did mention it but to make sure that the chemicals that are used are approved for wetlands which i'm sure they would be but yeah they totally rodeo so and i'll just jump in here so so fletcher that was that was one of my comments was that the treatment should be done in the fall um yeah and um that uh the license applicator has to provide their name and contact information to us and that whatever they're using for treatment um by us as a friendly wetland approved yeah and then also um they i they did put in the management plan i believe for two years of treatment ryan correct me if i'm wrong but i thought that's what i remember reading um i don't know a little trouble hearing you but i too was it two years you'd mentioned yes uh yes that's correct at least yeah as uh fletcher stated it would probably take a couple years of treatment yeah yeah if you guys can go to four years or something that'd be sweet just so you don't lose out on what you plant there but you know i understand also the area you're working in and it's a pretty beat up area okay so hopefully no wood turtles in there just a couple of beavers fletcher that's all so um so any other comments from any other commissioners on this yeah i mean they're primarily you know putting in what was there before and yeah making some much needed improvements any comments or questions from the general public on this one okay so not hearing any um erin can we see that motion sheet again thank you yeah so and for whatever reason i missed two of the motions on my on my sheet and this is one of them but um i will just write in the dp file number it's eight nine dash six eight two and as long as you guys um um motion to approve the revised documents that were provided to me today um it's going to capture all of the details that we discussed and then the state and boilerplate conditions should all okay sound good okay looking for a motion so i move to accept the revised no i right eight nine six eight two and make sure um erosion controls are installed within limits of work there's going to be straw bales so fence and we're going to have our state and local boilerplate conditions in there as well the planting plan and the invasive management plan i miss anything else very good seconded fletcher seconded thank you looking for a voice vote laroi hi laura hi fletcher hi very hi ana hi gen hi from me as well so thank you both and you'll be receiving paperwork from erin uh in the near future hey real quick guys can i ask what's going in there uh so it's um i guess i can mention you don't have to tell me it's it's all right it's the uh frontera grill group uh it's a mexican restaurant chain um they're going to be calling this location i got garcia's mexican restaurant all right sweet all right thank you thank you all right thank you all very much okay so we are going to move on to our next item on our agenda which is a request for determination so let me make sure of my right sheet here nope not that one okay here we go this public meeting is now called to order this meeting is being held by required by the provisions of chapter 131 section 40 the general laws of the commonwealth and act relative to the protections of wetlands is most recently amended in article 3.31 wetlands protection under the town of amherst general bylaws this is for cold spring environmental for molly and brian mclaughlin to determine whether proposed work is subject to jurisdiction under the state wetlands protection act and whether the work in area subject to jurisdiction under article 3.31 wetlands protection under the town of amherst general bylaws at flat hills road map 9a parcel 30 and so looks like we have a couple of people here for this one so whoever would like to kick us off if you can introduce yourself and your relationship to the project then give us a little bit of background please i guess i'll start alan weiss cold spring environmental consultants in belcher town i was tasked by the owners of the property and integrity builders to put together a plan for a septic system here i had also done some work here in the past for the prior owner and so i was familiar with the property but in a nutshell we are building a single-family house on the most northern and eastern corner of the lot which puts all the work that is proposed out of the buffer zone of the resource area i can certainly answer a lot more questions about it but the dwelling the well the septic system the waterline all work seems to be out of the buffer either alan or erin could one of you just put up the site map real quick yes i can grab it thank you okay thanks that'll be quicker okay anything else from you alan or have it too if if i can share yeah i mean what i did find is as you go down slope to the west of where the proposed work is there is a very small i'm i'm going to call it an intermittent stream but at some point there were points where that the channel was really difficult to find but you certainly wouldn't find it right now but you might find something in a few days after the next precip event um the i looked at it both when the site was snow covered and when it was free of snow um i think the mapping is probably on the conservative side but i'm comfortable with that and it still leaves plenty of room for the larger brook and resource area farther to the west and south okay great thank you and so i don't know if there's anybody else if anna or somebody else on the applicant side has anything else they want to add i'm here but i have nothing else to add beyond that pop it answer any questions thank you so erin yeah so um i went out and walked the site and um my observations were that the site is entirely upland and that all of the work proposed outside of concom jurisdiction i think um stefanie aired on the side of caution with this one that's that is the way to go um i reviewed it and walked the site and i think i would recommend to the board that they issue a negative determination of a particularity checking box number one which indicates that the request is not subject to protection under the buffer zone and it's also not subject under our local bylaw excellent thank you erin any comments or questions from the commission this one seems pretty straightforward i'll just add one more thing if i could that the board of health as far as i know has approved the septic system and the well locations as designed they have yes uh if there's anybody from the public who would like to make any comments you can use the raise hand feature okay not hearing any looking for a motion take the motion um motion uh for flat hill roads um to issue a negative determination of applicability that the site described in the request is not an area subject to protection under um and not actually under our jurisdiction thank you okay um so voice vote laroy hi ana hi laura hi letcher hi larry hi jen hi and i for me as well so thank you alan and thank you anna thank you so much thank you be well you as well okay so we are moving on down the line and this is actually the last piece of the main agenda that we have so erin this is a request for an amended order of condition so how do we is there something special we have to do to open this um no i mean we're we're reopening the public hearing for d e p number eight nine six seven five um incorporate some modifications to the order of conditions but it's it's it's just like it's just like opening the original order of conditions but it's just we're amending the original okay i just want to make sure that we get all the legal pieces right so okay so if there is nothing formal i need to say then this is now officially reopened uh and if there is anybody here from the applicants just raise your hand the panelist okay so i think we are good to go and so whichever of the applicants would like to present if you could introduce yourself and then introduce the project as well please good evening my name is simon hilt i'm representing ever source energy i believe we also have steve let go from gca who's our whitelands consultant should be on the line here mm-hmm yes we do have him and jonathan reberge is all right okay so simon do you want to um give a background on what's going on here sure i can just to some things up um essentially what's going on here is in the original orders of intent that was filed before the commission last august i believe uh there were a number of different activities that were presented include related to the replacement of structures along the monogated fair mod transmission lines and essentially what happened was there were impacts that were presented in the alterations i should say that were presented in the original notice of intent that were not reported on the noi form three and then subsequently were not reflected on the form five so in general this relates to the tree removals that we have in both bvw and riverfront area um as well as uh one area i believe where we had a some proposed temporary alterations associated with building a gravel work pad in riverfront area that we were going to restore so the gist of the of item one there is just basically to get the the alteration numbers that were presented both in that august noi and the subsequent october um a men uh administrative change request there which extended the limits of tree removals a bit there to get those reflected on a form five so that basically we have a permit that reflects all the alterations that we presented previously and were reviewed and approved so that were covered there um the other pieces of this are just to basically um through our our dealings with mass dp we're we're applying for a 401 water quality search for the project for portions of the project and um through their their review of the project they they were looking at the orders of conditions that we received from the different towns and uh in several of the towns because it's similar to amherst here everybody else hear that yes okay not sure what that is that's fun um so in several towns including amherst the mitigation consisted of compensation essentially to fund mitigation projects that the the town or the concom would actually implement themselves being that number of those projects won't come to fruition until the time where we need our 401 water quality certification dp felt that they they wanted to make sure that the impairment or any alterations associated with tree removals were covered in some way that they could you know see as tangible so we're working with them through the 401 water quality process to determine some additional mitigation actions a couple of things that we're looking at are with with kester land trust where they have projects that they're basically going to be we're going to be assisting with placing some conservation restrictions on parcels is is likely what we're going to be doing there and also stream crossing improvement project down in grand b is another piece of the pie um so in in our discussions with the ep they suggested that we discuss this with you and just allow or provide the option for you guys to just memorialize the the fact that we are in addition to what we've already provided to the town we're pursuing some additional mitigation with the ep the third piece of the other request here is associated with some revisions to the wetland delineations that were presented in the original no i do have map sheets that were included in in the request here essentially in the springtime when gca went back out to refresh flagging to make sure that everything was up and visible before we started construction uh that was determined in two locations i believe that there were small intermittent channels within the limits of bvw and a couple of spots were at least one spot where we found some some bvw that hadn't been determined here first so the the slide that i think erin has up here basically shows a section on a tap line that runs off of the main transmission line to the podic substation along route 116 near near bubs there and at this one work pad at structure 14147 you can see the smaller inset that says portion from original no i we're proposing an entire gravel pad there that was just basically the corner was shaved off at the limit of riverfront area during this uh flagging refresh activity the wetland uh marked as 11174 just to the south of that work pad was identified which did cast a 100 foot buffer over a portion of the work pad and also the local 25 foot buffer over the portion of the work pad so we have converted that work pad to matting so there won't be grading within bucker zone or the 25 foot there as you can see in the area with update so the section that you're hovering over there erin that was originally an alternative access that we were pursuing to try to avoid having gravel access road constructed within riverfront area we were not able to obtain rights for that off right right away access so ultimately the the piece that you see there in the red and white there is the gravel access that we uh that was approved previously um actually while we're on this this section right here the work pad at structure 14148 uh is is an area that's going to be restored because of this loop that's there now we needed to do some grading there to create a safe and level work pad but being that that is within the riverfront area uh that will be restored and so in the original NOI what happened was basically just the the permanent gravel alterations were reflected as the alteration whereas this area will be temporary altered and temporarily altered rather and and then restored so we didn't we didn't present the the complete alteration there just just the permanent alteration so that's what the uh the numbers in our amended uh requests reflect there they include the also the temporary alteration as well as the permanent uh Erin if you could slide down to the next sheet there um so here we are closer to the Podic substation along route 116 um you can see in the original section there there was not an intermittent channel in the updated section it was determined that in this marsh area there is a small channel so we've added that into the the mapping here and what that means for us is it it just made us aware that we have a section of the access matting where we need to make sure we span the banks of the stream so we're not obstructing the flow or impacting the bank it doesn't alter the limits of uh buffer zone or the 25 foot there so it's it's essentially just a note for us to make sure that we're spanning it and also to bring it to your attention next if you could um Steve I don't know if you can speak to there are a couple of sheets that don't have the insets here which I don't recall why they were included in the uh in the request here Steve do you have that yeah so um what we did was we included a few sheets here with callouts for impacts within uh bordering land subject to flooding um there's no new activity here but we just wanted to call out the tree removal in BLSF because that also needs to be included on the form um so there's no new activity here it's just that we included call out and in original NOI we did not have a call out so we just wanted to do this for informational purposes just to show that just to make it clear on the plans okay and same here same here as well yes on this sheet you could see a similar situation to New York Podic substation there where we we determined there was another channel so we've added that in there uh we don't have that span symbol on this one but noting that it is on the on the plan there we have the call out that indicates that the uh the contractor does need to span the channels there so they'll place the mats for the work pad in a way manner that uh does bridge the uh the banks there that's another tree removal in BLSF and here along Bay Road uh you can see the original NOI um the the bvw stopped uh a right around structure of 1-0-2-2-0 uh upon refreshing this is this is an area that's a wet meadow so um upon uh revisiting the area it was determined that the bvw did extend we were planning to mat for this area anyway so it doesn't change the the work methods that we're proposing but it does uh mean that we do have some additional 25-foot on there that we will be matting through I don't know if the I don't know if the commission wants to go through each and every one of these or just kind of wants to get a gist um of the adjustments where they're made just we can go through them all if you guys want to no thank you Erin I think you had highlights would be fine yeah so I'll I'll stop there for now unless there's more that you guys want to specifically highlight I think those those are the those are the highlights I don't think there's anything significant okay okay thank you so anything else from the applicant um well the project I would just note that you know as you are probably aware the project does run from monogu the monogu substation down to our Fairmont substation in chickpea um the the first phases of the project are underway uh civil construction has already commenced in monogu and leverage uh and we're definitely um the the project is driven by the the schedule that we have for taking there there are two electrical circuits being supported by these transmission poles uh or structures rather and um basically we have to take take the each one out of service in in uh staggered basically so that uh we we're allowed to do the work there and then the the schedule is is quite strict as far as when we're allowed to do that it's set in stone so um that's all I just want to put that back out there and just say that we're we're eager to commence work uh in Amherst when we can um provided we have a valid order of conditions here of course um one one question that I would like to ask since I'm going on here is um if we are to receive the amended order we're seeking here um I expect that there would still there would be an appeal period associated with that or would they're not you know it well yeah because I think the whole reason that DEP wanted this issued was to be able to have the opportunity to appeal if they wanted to um to the additional numbers um from my perspective you guys could proceed with the work that was already already approved um so I you know I don't have a problem with that and again you know the from from where I sit basically all the work has already been approved um that the the changes were um where there's like these additional areas that you've highlighted where there were changes so um I would say use your best judgment as far as if you think that DEP is going to be appealing here no no we've we've been working uh quite closely we had um some some very good recent uh hours on zoom with with David Fowless and so we're definitely working together with them and and one thing that they did make very clear is that they do not intend to interfere with any of the orders of conditions we do have a similar situation in in Montague that we need to correct uh so they they understand that you know the conditions are the orders of the conditions are final um so we don't expect that they're going to appeal and just just I know that the commission's already aware of this but just so that so that the commission knows that in addition to the $37,000 that we got from Eversource for basically open-ended mitigation projects in town we also have a number of specific site related mitigation projects that Eversource spearheaded um as part of this project like the Amethyst Brook um bank restoration project is this one of those specific sites the the um Podic conservation area or Zala conservation area where we're they're actually doing a um a wet they're creating a wetland out there um and beaver removal at Pomeroy court so we have we we really thoroughly thoroughly I think got our mitigation for the town of Amherst for this project and a lot of the numbers were the alteration numbers that are being incorporated into the amended order were actually not necessarily um a permanent alteration to a wetland that's being accounted for but rather tree clearing in a wetland so it's like a conversion of a forested wetland to a non-forested wetland for the sake of the right of way safety so just to kind of point that out as to what some of these numbers the changes are actually showing on the form and the numbers that are shown on the form are I mean the commission has you've already approved those last last fall it's just that the numbers never got on the same in the proper way you approve the plans you approve the the narrative and the tables they show right the numbers but they just never made it to the form and you know according to today files it has you know from DEP it has to be on the form the tree clearing was approved it just wasn't it wasn't indicated as a permanent alteration of the wetland on the form it was accounted for is a temporary alteration in the paperwork that was submitted with the application so that's one of the updates that they're revising this form for correct to include that and that's that's not necessarily consistent across DEP regions that they would require that so but I guess I guess that's something that that they wanted to do here so and that's completely fine it's just that's why they're bringing it forward okay thank you Erin so uh any comments or questions from the commission uh am I from the general public I think we're kind of getting late in the evening at this point okay looking for a motion then I moved to issue the amended order of conditions to DEP file number eight zero eight nine zero six seven five uh to approve of the following changes correct WPA form five reflect complete aerial extent yep aerial extent of alterations presented in august 11 2020 not a spent 10 package file by gza for the project and so it's going to correspond and correspond and stated october 26 2020 to memorialize that every source is working with mass DEP docks at any functional loss of wetlands related to the trade or military collaborative mitigation project and to obtain the commission's final approval of updated match sheets related to several revisions and of the to the delineation of resources within the project corridor all other conditions from the original approval will still apply you're the Roy looking second thank you sure so voice vote uh Fletcher hi the Roy hi Anna hi Larry hi Jen if you're still awake hi hi I'm awake this is riveting that's probably your bedtime I thought it is yeah too oh I'm sorry Laura maybe it is past Laura okay so thank you everyone so we are good here and you'll be hearing from Erin soon yeah and I'll try to get that I'll try to get that to you guys appreciate it thanks thank you very much tonight okay so it is the last thing that we need to cover tonight Erin the emergency cert no um so just to just to give you a quick update we got two requests for emergency certifications um both were basically denied um one of them we already received an rda for the work which is going to be reviewed on the April 28th meeting the other um denial there the I'm encouraging the applicant to file to get the work done um but yeah I mean I could it's for the the green leaves and it's an alternate um fire road access where there's a culvert that um is not functional at this point and um they requested an emergency certification from the fire chief and he would not issue it um and we didn't really you know it's it's the road is the road is um passable by vehicle and the thought of replacing um a culvert in a sensitive wetland area when it's not like it's washed out or there's any and it's a it's an alternate access so there's already main access to green leaves on the paved road this is just uh an alternate access on a dirt road so we just didn't feel that it rose to the occasion of being an emergency certification and so um they've been urged to file a notice of intent I haven't yet received it but um hoping that they will proceed with that okay thank you so is there anything else Erin or we're all done I mean there's a lot more but those are the main business items that you guys really need to deal with tonight I'm hoping that um the next meeting is going to also be a little bit business heavy as we sort of continue to push through the spring and tie up um a lot of the business that I pushed off from this meeting because it was such a busy meeting but um but we'll do the same thing we did this meeting we'll power through it and uh awesome job guys all right thank you very much Erin and thanks for all your help thanks for organizing Erin yeah well done the draft motions so good we're all going to turn into Jen now we're all ready for I like that draft agenda well we need we need one more motion so I don't know if Erin has it drafted for us by the way I move we adjourn thanks Jen I second that third I third that let's her oh yeah I'm in I I Roy Jen I Larry I they're here to I from Laura and I for myself so we are officially adjourned so thank you everyone see you in two night everyone see you guys