The Fall River Conservation Commission convened on Monday, January 3rd, 2022, at 5:30 p.m. The meeting began with a roll call, confirming all members were present, and then moved into old and new business items. A key discussion involved an enforcement order (SC-24-622) for Berkeley Street Limited LLC on Bell Rock Road, which was tabled to the February meeting as the owners had begun addressing violations but could not attend. The Commission then addressed several requests for certificates of compliance. Notably, a request for 20 Hayfield Lane (SC-24-726) by Highland Farms Development LLC was denied due to the new owner constructing an unpermitted in-ground pool within the 25-foot no-disturbance zone and buffer area. The Commission approved certificates for Walmart Real Estate Trust at 638 Quequechan Street (SC-24-751) for new work, and for Highland Farms Development LLC at 21 Hayfield Lane (SC-24-753) and 15 Hayfield Lane (SC-24-734). A significant portion of the meeting was dedicated to the adoption of a new Standard Order Conditions Special Conditions Policy, which outlines general, during construction, post-construction, and in-perpetuity conditions for all future projects, passed unanimously. The meeting concluded with the filing of correspondence and approval of previous meeting minutes.
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City Officials
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welcome to tonight's fall river conservation commission meeting being held at uh public hearing room on monday january 3rd at 5 30 p.m first floor hearing room one government center pursuant to the open meeting laws any person may make an audio or video recording of the public meeting or may transmit the meeting through any medium attendees are therefore advised that such recordings or transmissions are
0:24being made whether perceived or unperceived by those present and are deemed acknowledged and permissible the favor conservation commission is responsible for administration and enforcement of massachusetts wetland protection act and its regulations within the city boundaries of fall river tonight first on the agenda is old business number one is the enforcement order sc-24-622 owner applicant is a berkeley street
0:56limited llc pride oh i'm sorry they didn't do roll call jump in the head there want to start with chris boyle john brent lewis for jim cusick james hornsby all members are present we also have uh nina pablo from uh city planning and caitlin young from planning uh so old business now um let's see enforcement orders se-24-622 the owner applicant is berkeley street limited llc the project location is bell rock road
1:36assessors map is w-19-002 commissioned to discuss enforcement order for violations including unpermitted alterations of wetland resource areas and associated buffer areas and expired order conditions this was tabled from december 6th meeting 2021.
1:55uh may i speak on this mr chair sure so um i've been in communication with the owners of the property i met them i want to say two two weeks ago um out on the site to go over the ongoing violations um they have thus started work fixing some of the violations they've removed some of the sediment that was pushed into the wetland they've worked on reestablishing siltation barriers they've removed the
2:22porta potty that was knocked over in the wetland they've also cleaned out some of the catch basins down the road that were heavily impacted with silt and installed new silt sacks unfortunately they could not make it to this meeting it was kind of i think their like offices are closed or they're they were out or something they just couldn't make it so they're intending and coming to discuss this with the
2:42conservation commission in the february meeting um another thing i just wanted to bring up is that they um while on site i requested from them to create kind of an operations and maintenance plan regarding um ongoing erosion insultation controls so they should have a kind of written document kind of highlighting uh the procedure that they're going to take from now on with inspections and
3:07cleanup and that sort of stuff so i also talked them a little bit about come springtime maybe even um hydroseeding some of the area and putting in boulders or blockades to keep soil from being pushed back into that area and even hydro-seeding a larger extent of area to add more stabilization so you know it's moving in the right direction they've just requested that we move this to the february meeting as
3:34they could not attend today okay so should we motion to table this and keep the other conditions in place and make a motion to table this next meeting
3:52uh on a new business uh number one is the first the request for certificate of compliance is sc-24-751 owner applicant is walmart real estate trust project location is 638 quicker shared street assessors map is f-02-002 filed by boyer on behalf applicant requested a certificate of compliance bowlers determine all work prevented has been substantially completed in accordance with the order of conditions
4:25which with approved plans would you like me to comment about it please so um this is as you know walmart um and there are actually two outstanding orders of conditions for the walmart redevelopment the first one was for the work of actually constructing the walmart uh facility and then the second one is the one before us tonight which is for um an addition they did for outdoor and uh
4:55like outdoor lawn and internet pickups on the side of the building um it it appears that all of the work has been done per the second order of conditions allowing that extension there is that other order of conditions i have some concerns about while i was on site i found a few issues but i've been in contact with bowler and they are we're going to work towards having a plan to move forward in the spring to
5:18fix some of these issues the issues being there was a peace stone little trench between the edge of the sidewalk and the lawn itself that was there once upon a time but is gone now they were required to plant vegetation in the area wetland vegetation because it was a replication area it looked like someone went through and just maintenance was mowing it because they probably didn't know that
5:42you know there was a restriction there um they do have wetland signage which is good but it also appears that trucks are using that area of pervious surface to turn around but i think those are issues more pertaining to the original order since they weren't this the area of work wasn't approved in the order before us tonight so you know i make the recommendation that you approve the certificate of compliance for the
6:10new work and that in the spring hopefully they'll come back to us with that older work that has yet to be completely fair that needs to be fixed okay report have any questions okay can i have a motion to uh certificate of compliance on the uh uh network i make emotions an issue significant compliance on a new work as mentioned second roll call vote hi hi all right all right all right okay
6:41next one is request for certificate of compliance sc-24-726 owner applicant is highland farms development llc our project location is 20 hayfield lane accessories map is u-01-045 filed by scitec ankle on behalf of applicant requesting certificate of compliance ces has determined all work permitted has been substantially complete in accordance with the order conditions and approved plans um
7:13do you have any updates yes so i unfortunately do not recommend approving this certificate of compliance um upon looking at aerial imagery and visiting the site what appears to have happened is once the building was the residential home was sold to the new owner they actually constructed a in-ground pool completely behind the house paving to at the very least the line of no disturbance
7:44i haven't been able to go out on site to really look at exactly the extent but you know at the very least it is within the 25 foot zone um it is within all buffer area um it's also potentially within drainage easement as established for the um by the stormwater authority since that area is directly that's one of the retention ponds for the highland farms one development so at this time i do not recommend uh
8:14uh issuing a certificate of compliance and um i think what i'm gonna do is i'm gonna be talking to the water and sewer about you know what they might proceed with in terms of the uh drainage easement issues and then potentially the next meeting will move forward with enforcement if if you know if at that point we don't have any resolution here weren't they supposed to get that approved before putting a pool
8:42so they did receive a building permit but in the state of massachusetts receiving a permit from one permanent entity does not mean that you know you have to follow up with the other ones it's not one department's job to necessarily tell that person they need other permits is it you know does it sometimes better to communicate that way yes but you know it's not it's not um the building department's fault
9:09that this was constructed with you know within buffer area it still uh falls to the homeowner so we should table this uh well we should we should deny the i would recommend a vote of denial okay can i have a motion of denial on the certificate of compliance so moved second vote hi hi hi hi okay denial uh let's see next is a request for certificate of compliance s-e-24-753 owner-applicant is highland farms
9:45development llc project location 21 hayfield lane uh assistance map is u-01-0043 filed by scitec on behalf of the applicant requesting a stipulative compliance uh sec has a terminal work permitted has substantially been completed in accordance with order conditions and approval plan on that one um so i went out and took a peek at this a while back and everything looked okay they have their signage as required
10:17i don't have any concerns and i recommend approval of this certificate of compliance at this time okay can i have a motion for a certificate of compliance so then i make a motion to approve certificate of compliance second vote aye aye aye aye aye passes all right four is a request for certificate of compliance sc-24-734 owner applicant is highland farms development llc project locations 15 days build lanes
10:51systems map is u-01-0044 followed by scitec games on behalf of applicant requesting certificate of compliance sec has determined all work permitted has been substantially completed in accordance with the order conditions and approval plans so similar to the last property it appears that everything was done per the plans the signage was installed everything looks like it was done um correctly and
11:17the site is stabilized okay so can i have a motion or a significant compliance make a motion to impose compliance
11:35next is the adoption of standard order conditions special conditions policy uh we're going to review and discuss and adopt our order conditions this did go out a little late but it's uh did everyone get a chance to look this over yes i have i think this will be a helpful for us going forward we do have to read in the minutes which i'm more than happy to read it if that's what you all would like
12:05sounds good let me have another
12:18okay in addition to those listed under section c general conditions under massachusetts wetlands protection act within the massachusetts department of environmental protections wpa form 5 order of conditions per massachusetts wetland protection protection act mass general law chapter 131 section 40 the following list of special conditions shall apply to all order of conditions granted by the fall river conservation
12:40commission general the document shall be included by reference and all contacts plans and specifications dealing with the activity that is the subject of this order and that are created or modified after the issuance date of this order along with a statement that this order shall supersede any conflicting contractual arrangements plans or specifications two the applicant shall provide a copy
12:58of the order to the person or person supervising the activity that is the subject of this order and will be responsible for ensuring that all persons performing the permitted activity are fully aware of the terms and conditions of this order three the commission reserves the right to impose additional conditions on any or all portions of this project that could impact an area of statutory
13:16interest under the act four copies of all additional local state and federal permits or approvals relevant to the project shall be submitted to the conservation commission prior to construction prior to anywhere commencing on site the applicant shall arrange with the commission or its agent a pre-activity meeting between the applicant and or applicant's representative the person or
13:33the persons or supervisor responsible for the work and a member of the conservation commission or its agent the applicant shall display the dep file number for this order on a sign with a minimum dimension of two feet by two feet at a location clearly visible from the street the sign shall remain in place and visible until a certificate of compliance is issued the applicant shall provide proof to the
13:51commission or its agents that the order of conditions has been recorded at the registry of deeds the applicant shall provide the commission with the names and telephone numbers of the site contractor and project managers responsible on site for compliance with the order the commission shall be notified in the event that the project manager or site contractor is changed sedimentation erosion control shall be
14:08installed prior to any work on site including clearing and she'll also serve as the limit of work the contractor shall notify the commission immediately following sedimentation and erosion insta control insulation to schedule an inspection no work may proceed on the property until the commission or its agent approves the installation and location of controls moving on during construction
14:27the applicant and any person involved in the activity that is subject to this order shall notify the commission or its agent immediately upon discovery of any matter related to this order that may affect any area within jurisdiction of the commission a copy of this order of conditions constructed construction plans and copies of the documents and reports shall be on site upon commencement
14:44during any site work for contractors to view and adhere to under no condition sell the shell the operation of equipment storage of materials stockpiling soil or other site disturbance take place beyond the limit of work the sedimentation control shall serve as the limit of work all stockpiles of soil existing for more than one day shall be covered and surrounded by a row of sedimentation controls
15:04if soils are to be disturbed for longer than two months a temporary cover shall be established to prevent erosion and sedimentation if the season is not appropriate for plant growth exposed surfaces shall be stabilized by straw jute netting or other approved methods any stabilization materials such as jute netting shall be firmly anchored to prevent them from being washed from slopes by rain or flooding
15:23erosion and sedimentation controls shall be maintained throughout the entire construction phase and until the site has been become stabilized with permanent vegetative cover and the commission or its agent has approved their removal post construction upon completion of construction final soil stabilization and the removal of erosion and sedimentation controls the applicant shall submit the following to the
15:41conservation commission to request a certificate of compliance a completed request for a certificate compliance form wpa form 8a a letter from a registered professional engineer certifying compliance of the property with this order of conditions and detailing any deviations that exist and their potential effect on the project a statement that the work is in substantial compliance with no detailing
16:01of the deviation shall not be accepted an as-built plan signed and stamped by a registered professional engineer or land surveyor showing post-construction conditions within all areas under the jurisdiction of the wetlands protection act and last but not least conditions in perpetuity pesticides herbicides fungicides and fertility fertilizers shall not be used within 100 feet of the wetlands within
16:22the riverfront area and within bordering land subject to flooding organic pesticides herbicides fungicides and fertilizers may be used subject to the review and approval of the conservation commission this should be noted in the certificate of compliance and shall be an ongoing condition the conditions shall survive the expiration of this order and shall be included as a continuing condition in perpetuity on
16:40the certificate of compliance 14 there should be no dumping of leaves grass clippings brush or other debris into wetland resource areas this condition shall survive the expiration of the order and shall be included as a continuing condition in perpetuity on the certificate of compliance 15. prior to the issuance of a certificate of compliance the applicant shall permanently mark the limit of work
16:58approved in this order to ensure no inadvertent encroachment into the resource areas the applicant shall instruct all agents to explain these markers to buyers leasees landscapers and all persons taking over the property from the applicant this condition shall survive the expiration of the order and shall be included as a continuing condition in perpetuity on the certificate of compliance
17:16and 16. the owner of the property describing this order must advise any potential buyer of the property that any construction or alteration to said property including brush cutting or clearance may require approval by the fall river conservation commission any instrument conveying any or all of the owner's interests in said property or any portion thereof shall contain language similar to the following end quote
17:36this property is subject to the massachusetts wetlands protection act any construction landscaping or maintenance work performed on this property may require approval from the fall river conservation commission this condition shall survive the expiration of the order and shall be included as a continuing condition in perpetuity on the certificate of compliance thank you thank you
17:54and then thanks for coming up with these older conditions because i think what this is going to do is it's going to let the applicant know coming before us because sometimes you leave out an order or condition this way it's right there everything's outlined so we won't be missing something when we make a motion uh does any board members have any questions or anything that they well what's more important the
18:18conditions of prep in perpetuity uh in my opinion because what happens is once a once a development is put in there's consistently encroachment into and i've been out to highland farms and spoken to at least one resident who's very concerned about the use of pesticides and fertilizers in adjacent two stormwater retention areas and adjacent to steep brook he made that very clear so i think it's important that the
18:49conditions in perpetuity are important and obviously it's going to be about enforcement and following up with folks obviously we have a pool installed in a in an area where it shouldn't be but this is pretty typical not just in developments in fall river but in other developments this is incredibly typical especially with subdivisions where usually the the title of ownership is a little harder to kind of parcel out
19:16when you look report at the registry of deeds because a lot of times you know the order gets recorded under that first parcel but then it gets divided out and then it doesn't necessarily make it on the same book and page reference as a new deed to a subdivided property subdivided property so jim did you have yeah i had a question i just didn't understand uh it would be 12 c
19:45i just didn't understand what i think i don't know what i don't know what an as-built plan is so what an as-built plan really is is it's a plan um created by a surveyor or an engineer that um shows everything that was built on site so it's the as built what was built there and um this is actually kind of a duplicate from what is in the standard order of conditions but put here because
20:12it's one of the pieces that's oftentimes overlooked from the state document that you know a any um project with stamped plans needs to when upon being finished they need to come back with plans kind of um certifying that the work was done per plan showing what work was done out there so it's a requirement for to be honest it's also a requirement of all of our site plan reviews as well and usually
20:39this also corresponds with that so it's something that's already being created by most of the applicants at this i had a second question which i don't think is part of this but um i have i have an opportunity to look to see some of my neighbors on lake avenue and fall river are caring for their lawns and you know they use plenty of chemicals and i have only talked to two of them with actually
21:16pretty good results about can you lighten up is this apply did any of this apply to would this apply to my house no so this would apply to only those projects permitted through the conservation commission only those um basically it's working within the law by creating conditions in the permitting process set out by the state some communities actually have passed bylaws and ordinances that limit the use of fertilizers
21:52specifically because of the storm water issue that it causes with eutrophication you can never say this right eutrophication um and like harmful algal blooms um but at this point um you know i think that's a little down the road if we are going to consider something like that but it is possible to pass an ordinance and communities uh such as fall river are required by federal law actually to do
22:18some outreach on these issues um as part of the ms stormwater ms4 program which is the municipal separate storm sewer system permit that the federal government gives to municipalities so they can discharge storm water so it's a requirement from there but i think you know to your point i think you know beyond like the ordinance aspect down the line maybe some more public education on the matter
22:42because it seems like some people just don't really know that the harmful impact that it has yeah thank you you're very welcome any other questions i have a question for uh uh regarding number three uh because we have the right thing for additional conditions is there a certain timing on that is that during uh no that's that's throughout the that is throughout the um entirety of the project within reason of
23:14course you know we can't decide last minute that oh we didn't work harsh enough on this thing let's create a new condition when there's no impact it's mostly in regards to observed impacts on site that maybe we were unable to you know um predict during the hearing process because it's just part of the procedure to be honest is sometimes you permit it one way and then as you go forward you realize that oh maybe we
23:41should have had them do more erosion control here that or sedimentation control there it's to allow us to make those kind of sites site changes as the work's going on so can i have a motion to adopt the order conditions and special condition policy i make the motion to adopt questions under special conditions absolutely uh roll call though hi hi hi all right okay this um for now will be a policy but you know
24:17once we get the ordinance and then regulations down we can add this to actual regulations so they have more power than they do as a policy similar to our 25 foot no disturbance zone so down the line hopefully we can make this more of a hardened um restriction basically so now when somebody goes to the website and we have under policy now i think is just uh the 25 foot puppet this will appear yeah we
24:43can try to get it on the website we can work on that and this is not the extent of orders of condition we can add additional to and i'm assuming that the document is flexible enough that we can excuse me omit some of these if necessary depending on the particular aspects of the site but it will be up to the conservation commission to make those decisions yeah i made them broad enough where they should normally
25:05pertain to most projects there may be a couple things about the limit of disturbance that don't fit but i would rather have those as de facto conditions than you know forget to put in or something um and you know more conditions can be added and then you know they can always request a waiver or we can decide to waive any of these so yeah i didn't realize either let's see next is a receipt of
25:35correspondence review and discussion of notification of submittal uh release notification form regarding 851 globe street news and unless there's any discussion i'll make a motion to record this on file second uh rokovo hi hi what is the motion i just couldn't hear it we're making a motion to put it on file yeah okay uh let's see next is we see a correspondence review and description i
26:10need to vote i interrupted you go did you do we did vote oh go ahead uh we'll finish i think we did vote again chris hi hi hi hi okay all righty uh seven has received a correspondence review and discussion determination of administrative completeness and site visit notice regarding water quality and certification for 120 charles street any questions make a motion to table i mean file don't move second
26:49is this the matter that there's supposed to be a meeting tomorrow but that's being moved to february is that correct okay we've received a call like right before the meeting about that discussion and i forget what the date was are we able to do that as a group legally more than two of us so it's you know it's one it's not a requirement to attend this but if we were to do that that is
27:31it is possible to have site visits with an entire commission here i would have to you know make sure that uh council's okay with that but i was always under the impression that you could have a site visit with a quorum but you're not allowed to discuss you can ask questions but you can't um you know talk amongst yourselves and deliberate on any topic but that was in my last gig so i would want to double
27:58check that with city council here thank you you're very welcome all right so we had a motion to uh file uh second did we have one yeah okay roll call aye hi hi hi all right all right uh let's see uh can i have a motion to wave the reading of the minutes make a motion to wave a meeting of minutes second roll call vote can i have a motion for approval of the minutes for
28:35december 6 2021.
28:37make a motion to prove the uh minutes of the last meeting second second no public input no already uh can i have a motion to adjourn a motion to hi