1.8.2024 Conservation Commission

welcome to the conservation uh commission meeting being held uh January 8th 2024 5:30 at 1 Government Center uh you can view it through uh Facebook or Fred TV um pursuant to the open meeting laws any person may make an audio or video recording of this public meeting or may transmit the meeting through any medium attendees are therefore advise that such recording or Transmissions are being

made whether perceived or unperceived by those presid and deem acknowledge and permissible we'll start with roll call to my left Chris Bo here Lis Ferrera John Brandt Jim Kus Paul ameral Nikita viea James Hornsby we also have Nino Pavo uh head Clerk of conservation uh Dan agar conservation agent and we have Craig from uh f frgtv um before we start on the first agenda I was looking over the agenda and

noticing that we have quite a few things that keep popping up uh this year I want to be a little more forceful in Wetlands regulations violations uh we get the information from Mr agar I think we need to act on it and vote on it because that's one thing he can't do so I'm asking everybody to really concentrate on those and give a vote instead of passing it down the road so we'll move on to the

first uh old business uh number one is requested certificate of compliance sc-24 d761 owner applicant is Department of Conservation and Recreation project location copicut road cessor map is w-1 19-10 filed by the Department of Conservation Recreation requesting a certificate of compliance stting the work was regulated and above referenced order condition has been satisfactory completed this was tabled from December

4th 202 three and uh I guess Chris you could probably give us the best update on this sure so there's been a couple of things that have happened so Paul Janie reached out to me and I think it was CC right Nina and Dan and I said that I was I would put together a list of the items that weren't complete but in stting to do that without he doesn't have his original files so

without that map in front of him without being able to look at exactly scope of the work and seeing that um it's going to be really hard in addition to that he's just going to relay that information to someone in the DCR because he's no longer with the DCR subsequent to that I met with um Lieutenant wette of Ranger services for DCR who's in charge of the South Region uh part of Trail uh recommending Trail

maintenance and things like that comes into their purview he agreed to meet with myself and Samantha zala who's the superintendent of the State Forest um to sit down go over the map go over the concerns and if necessary go out to each individual site where we have concerns they're willing to do that the meeting did have to be postponed uh but they are willing to meet with us so rather than give it to Paul who no

longer works for the Commonwealth right and he's got to relay all that information to someone else I'm going to email him and just request he give us a contact person within the DCR that he can contact them so someone will actually respond to us and then in the meantime I'll be working with Ranger services and the state and the St for us itself to see if we can't from within

the DCR move these things up the chain of commands and get these items addressed could they possibly uh have a uh a site visit with us that's what I'm so when I when I email Paul I'm going to ask is there someone from the Commonwealth because we've reached out to people from both at the state level we've reached out to people at the South Region level and to my understanding no one's responded correct so no one's

responded at all and these people are aware of the project I'm not sure why we're not getting a response uh and I know that's frustrating and I appreciate Paul being willing to work with us um so I think his role might we might be better served if he can just arrange for us to meet with someone within the DCR rather than having to go through a third person and we have a pretty well

documented map with all of the issues and concerns that we have but you really need to sit down look at that and then walk the property and I can make shortcuts so we get to those specific spots pretty quickly okay okay so that's going my next email to Paul will be asking him for that and in the meantime I will continue to uh set up a meeting with the rang of services and the

superintendent of State Forest and hopefully find a way to do it um from kind of a Grassroots approach okay didn't you have anything to add no just that I'll I'll I'd like to meet with with with chrisen whoever does finally come down and I appreciate Chris's effort on this where he was really the uh the driver of this when it got permitted so I do appreciate his uh his

history and on okay so can I have a motion to table this to uh next meeting to table okay I I I I yes I I okay next is notice of intent sc-24 d831 owner applicant is Jeff Sylvia project location is 2450 Indiantown Road assistor map is w- 34-12 filed by ecosystem solution Inc on behalf of applicant the applicant is proposing a restoration plan to remove the unauthorized cart path created in or

around 2017 from an order conditions from 1997 DP file numbers se- 24- 289 this was table from December 4th meeting is anybody here for no so I spoke with Brandon fanf who was the representative for the applicant they're still uh trying to get a response from natural heritage in regards to the rental pool and closure issue of of their concerns so they have I did see the emails back and forth between him

and uh in the program and he has not gotten a response so I I do know on a couple of other Grant things that the city's dealing with natural heritage on they've been slowed through the holidays as well so just recommend that we table this one okay so can I have a motion to table us till February so move second call hi hi hi hi yes hi okay next is a discussion of uh B Rock

Road review and discussion of LSP document review opinions of B Rock Road uh this was tabled for December 4th 2023 is anybody here come on

up you guys want I can give a quick little update before we sure don't be away with the issue too long so um our consultant that we had hired scitech environmental with Jeff Souza had done an initial review of some of the soil testing that was done out on the site he had recommended some additional testing get done uh Victoria and green sale to go out do the additional testing submitted

that to us just prior to the last meeting sent that back to Jeff Jeff did just respond to us I think it was on Friday which we have a copy of for you and in short Jeff's concerns are have been addressed that none of the samples that had been tested exceeded any of the reportable limits uh for a required filing with D um he did however stop short from saying that there is not contaminated

material on the site just that it didn't hit the reportable testing limits and he did have a concern with regards to the future use of the property and not it wasn't wasn't being tested for that so if if they were to need to drill Wells for residential purposes then other testing would need to be done it may not be favorable um so you have to determine whether or not the material that is on

site you're comfortable with it being now the parent material that does get covered over and left I do think there would be a concern about potentially trying to develop the property for residential purposes um anything other than recreational you know passive yeah uses like that but that is what the applicants had proposed for the land um to be utilized in the future that they were not seeking to construct homes on

the property anymore so I think um the soil issue is generally resolved if you are all comfortable with it um we do still have the ongoing concerns of runoff and you know material being displaced into the Wetland during rain events and just that the site is still unkempt and we understand it's because it still hasn't gotten that final stabilization but there does need to be attention put on new erosion control

trying to keep all that sediment from washing out over the street into Wetlands into the catch Basin down the street um so the commission needs to determine if they're satisfied with the testing um and then the applicant can proceed with the restoration just I don't I don't think the applicant has a copy of that letter so the copy that being just provided us with you can provide to them as well so

they have their records so I just have two concerns um certainly one is if the if the location would be used for residential um development and secondly um in both the enforcement actions that have taken place over the last six years um the special order of conditions included establishment and maintenance of erosion controls that has not happened and it's an ongoing ESS system problem that we have to continually ask

the owners to secure the facility put up erosion control and in the last storm we had after you know the Monday before Christmas that caught everyone by surprise was basically mud running across into other adjoining Wetland areas so now the two Wetland areas on that side of property certainly are compromised but now it's compromising areas off site and that that's one of the issues that I have uh that's the

first issue second issue is um just now that it's considered um Eastern box turtle habitat for whatever and I don't know what the contaminant levels would be now that it's considered Eastern box turtle habitat the concentrations are pretty low um and again I would very appreciative appreciative of that follow-up testing because they are pretty low and some of these occur or naturally in different sort settings so

that's my main concern is just there's a complete lack of follow through on the special order conditions the enforcement actions with respect to maintaining the um erosion control because it's all it's failing and it's just not doing its job and it may need to be stronger mitigation or stronger control measures in place out there until it's finally decided what's going to happen with the

property I do want to let the commission know that Victoria has only been involved with the green sale so I know she's sitting there and and listening but um not necessarily directed toward towards you Victoria no it's not and I know the original consultant that that you had when this process started a year ago a year and a half ago is is not here so um they're the ones that put together the plan that

put together the the cost of action and the the construction schedule that that has not been adhered to so we do know it's a difficult time we would expect that throughout the winter or immediately the site be stabilized with substantial erosion control uh keeping that sediment on site and then as soon as the ground thaws we'll get back to the restoration if that's what the commission is comfortable rather than

the Sil fence and the waddle which is pretty much not effective you know maybe hay bales and Stakes um hay bales and Sil fence and Sil fence and Stakes um and Mr Z Jack I know we discussed this at past meetings but has they have they made a final decision on what their plans are for the property uh they have not we don't have a we do not have a and

good evening um we do not have a final end user but Our intention is still that we're going to ultimately donate it um for conservation purposes uh even it's probably not realistic even if the site was otherwise prepared for it for for perk tests and for well drilling there um so therefore we do think the most appropriate use would be to donate it for conservation so I do you have a

timeline do they have a timeline for that decision because I know it's been two years that this has been discussed and it hasn't really been any movement on that I know that um with Fishers and Wildlife were involved and NSP and they were talking about you know discussions on trying to find an appropriate partner to take the property um where does that stand at this point and is there a

timeline to resolve this because this is one of these issues we talked about at the beginning of the meeting where this is on the agenda every week every six or seven months there's a problem out there and we need to we we would like to get this resolved one way or another well I do think we're on track that this is the year that we're going to be completely done there and have everything restored

the way that it's supposed to be and we did want to have it in that condition before we approached someone definitively to donate it I had spoken to the aabon society in the past um not sure that they're going to be the ones but they don't have much of an interest at this point because I've reached out to them also did you say you spoke with someone in the past just just at the

aabon society well I couldn't hear you okay at the aabon society we had spoken to someone in the past um thank you and when uh when I was out there with natural heritage um they're engineer someone I I actually worked with in the past when he was on the the private side um he gave me a list of other potential people that will we'll you know we'll bet them and we'll see who might be an

appropriate um and and owner for this when when we're done with our work okay so you want to do you have a timeline on when the work will be completed um I'm I know that we're on track to finish it in 2024 okay and and I don't think it'll be the later part of that because I I think we're we're now that we've gotten to this point I think we're almost there

it's just um it's close yeah yeah now as it stands now if they donated to somebody uh it stays just open space it's okay correct so if you did want to move quicker on donating it to uh efficient Wildlife um you'd be out of this you know and we could close the book on it right no the site still needs to be rest restored Resto I mean all the filling is

basically done yes some grading and the final war seating which is they about probably about a third of the way through um so there's still an enforcement action in place now you could get to a point where you decide okay things haven't progressed quickly enough as part of that enforcement action you could potentially require a restriction be placed on the property if you're worried that they would try to

sell it for residential purposes you could require that that restriction be placed on the property um not allowing residential development prior to releasing the order the uh enforcement order but I don't think we're at that point yet you know this we did take a a a snapshot and a frozen in time since June June July when when did we do the first testing May was it may okay so they were they were progressing well

until until that that portion of it so I wouldn't necessarily hold the last 6 months seven months on on the applicant the only other concern is that invasives have already started to come into the area and and and so it has to go to the right right partner it has to go to the right agency that's going to be able to manage the invasives that are out there you already have Japanese top all the

typical invasives that we see around here that they're already overtaking the property um and they so just some of them no that's a good point then like you said it would need to be someone who will be able to address that they're not just going to hold it sit on it and not right because that's a big piece of property to try to eradicate a bases for does the board have any other

questions did you have anything else to add no just that Green's happy to assist in anything else that goopes may need and just just that green seals we have a civil engineering Division and we're happy to assist if you find that you're not um receiving what you need from the consultant on storm water control and erosion control we're we're able to assist in that matter as well why don't

we say before the February meeting that the upgraded erosion control will be in place um yes um and we'll let you know whether we agree and that you don't have to come here for the next meeting how's that okay unfortunately Mr noes who often comes with me to these meetings and is the site superintendent was not able to make it tonight but I willay the concerns let me know when you think it's

up or if he wants to have an onsite before he starts placing it and I'll be glad to go out there and go over the areas that we think we need to have upgraded yeah and then members as long as it's not a forum they more than welcome to come and have that discussion with Mr news okay all right so can I have a motion to uh upgrade the uh erosion control with hay bales and silk

fence motion second and Stakes Stak okay uh roll call I I I um just to back up until Dan gets out there or one of us with um the gentleman who's the site manager I really think we should hold off on being being specific on what we need till we see what we actually need out there so that's at a real minimum yeah at a bare minimum there are also two the Wetland areas on the east

side of the property that have been pretty impacted and they're presently not really well protected so there may be some other measures common measures we may want to put we'll talk about I know I was by Saturday and there wasn't much left right so okay so so I don't know how you want to put that in a form of a motion but um that we will meet with Mr noones and require that he

install all erosion control that we dictate to him during the onsite so uh can I have a motion to uh speak with um erion control and what we dictate should be there I could not hear you I'm asking for a motion that we meet with the uh the company to uh go over erosion control and what we dictate should be there so moved yep seconded I I hi hi yes hi hi all right

thanks thank you very much thank you very much we look forward to hearing from Mr thank you both very much thank you all right next is notice of 10 is se- 24832 uh owner applicants house Street Properties LLC uh PR product solar energy project location is 109 house Street assessor map is B- 20- 001 filed by Farland corpse on behalf of applicant the applicant is proposing the development

of 40 residential units and necessary cut spills roadways storm water basins and utility infrastructure in the buffer zone table from December 4th the green cards and the advertisement receipt sor

so let the board know where where we were at with this so Norman tent came in I did provide Farland C with a um initial review that I did last week I did speak with Christian Farland earlier in the day and he had asked if it was with the applicant coming today and I said yes they should come um because these are my comments not those necessarily of the commission so we did

ask that they come provide some type of presentation you could ask any questions take it in recommend that the matter be tabled until they've responded to to my comments and then whatever additional comments you have for them today okay so my name is Scott dag and I'm a project manager for Farland Court I'm here to represent uh parallel products uh this site is located at 109 house Street uh currently it's a wooded

site about 262 Acres uh it AB buts uh cook Pond and some residential uh some residential locations on um K Street yes thank you and uh an Old Mill building uh what we propos to do out there is uh 33 33 condo units uh everything is going to be Town Water Town sewer um we plan on putting plan on putting um storm waterer management controls for each individual building uh we're going

to keep the cut and fills to a minimum uh on the site within the buffer zone um we are also going to uh provide storm waterer management through the use of um two storm water management basins one located on the east side of the lot and one located on the west side of the lot near the existing M build I think in a nutshell that's pretty much so so the road uh as I'm informed

uh is going to stay private and be privately maintained um anything else Tim so again commission members on the on the uh report that you have I've listed a number of my comments I don't think we need to go through all of them as as Christian and faren c and I we we'll go through those items the applicant actually did a a fairly decent job of trying to maintain the 25t no

activity Zone um something to be noted on this is that there is only a small portion of bordering vegetated Wetland the majority of the resource area is Inland Bank associated with with cook Pond which is the general consensus of the way all of the pond area works there were a couple of areas that there are some design um ideas that could be implemented to pull that work back a little bit to maintain the 25t no

activity Zone throughout the entire site um which Mr Farin did not seem to have an issue with I know that's probably the the major concern that you would have had so the majority of the work or actually all of the work is buffer zone activity um from what I've seen in the drainage analysis that they've submitted they do meet all the Massachusetts stor Water Management guidelines um when I

give them our review because I know the next permitting part to come in which is site plan review I've included things that you know let's revise these plans once so that they will come in for site plan review they've already addressed a number of those concerns so they're about half and half with stuff that's strictly Welling protection act in my review and then also anticipating what

would be coming through through the site plan review part of it as well overall the site I think is pretty close to being permittable um they've done a good job with again minimizing cuts and fills and this so this is this is a condominium development although it look like a subdivision um multif family housing developments are allowed in this zoning District not that you need to know about zoning but um they've been

through that process um that's why they the next step is construction activity which is with you went through site plan review so I know you've had time to take a look at the plans I know some of you have visited the site I I thought it would be good that if you had anything additional to what my comments were it would be nice to let the applicant know what those are so that they can over the

next month or so work on uh these revised plans and get them back to you for hopefully the approval at the next meeting one thing uh maintenance of the buffer zone this is a private development so that'll be on them right they'll be yes everything everything on this development will be owned by the developer until that gets conveyed over to some type of homeowners association or condo development um in part of um my

comments the standard Wetland signage alerting people to the fact that you know don't go beyond this point if you do you need to file with the Conservation Commission you know Stak along that that limit of work area um every home will have its own little footprint of exclusive use area there would be some common areas as well but normally in situations like this it's actually favorable because you have

almost one entity taking care of the landscape issue and you don't have 20 people doing their own thing so was a little bit easier to Wrangle in cuz those people are normally under contract to maintain these types of areas so um so there will be you know like we said a minimum of that 25 ft no touch Z only they won't even cut a tree uh along the edge of of cook Pond you see similarly

to the north up at dwelly street where the King Philip Mill came down um that project because of the Mills the size of the Mills the the two Mill projects that were there there was no buffer zone at all to cook upon so the fact that we'd be able to have an applicant comes in that will um live with and abide by this 25 foot no activity Zone definitely uh is something beneficial to to the

commission and something that I don't think they've been able to achieve in on a number of other projects now the other there's a company that's adjacent to that was it a concrete yes y there's no issue with anything running off from there into there no I mean they've they've had environmental testing done on because of the you know the mill site and the mill site will be coming in under a separate

development uh scenario but for for this parcel of land know from what I understand there have been no concerns with regards to any runoff or contamination from the abing sign so the two drainage areas I'm presuming that all the runoff contained into those conveyed into those drainage areas would be conveyed into cook Pond yeah correct yeah there there will be two outfalls of each Pond that

ultimately will make it it's a fairly easy drainage anal is where right now all of the water although in two different directions does make it almost entirely into cupon so mimicking that you see that there are actually two fairly large detention ponds um and what that does is just offset Peak runoff as you know to allow it to come in but um I did include in in our review although not necessarily a requirement of the

Massachusetts storm water management guidelines it is one of the Department of Community utilities here um and we did do it also for the King Philip Mill uh project project uh some type of method of phosphorus and nitrogen removal which we've asked them to implement which is usually pretty simply done so that was my next question yeah that that's in there as well because we do we are we are finding

that some of the testing that the city had done in cook Pond is it's becoming an issue so anywhere that we can you know catch up a little bit and reduce some of the phosphorus and there's no specific number on what that reduction needs to be it just has to be provided that some level of reduction in phosphor has been achieved okay yeah looks like everything's in does the board have any other questions

yeah um altogether how many units is it you said 33 right now is 33 but it's is it going to be it's it's it says 40 residential units on here so there's the potential that we can go to 40 uh we're looking into maybe altering uh the storm War management basins a little bit to you know try to on based on 33 units right now calculations are based on 33 units zoning relief allowed 40 a mix

whether thisle families Triplex duplexes um the the construction plan presented to you shows whatever was 33 that's where I asked them to confirm um the unit count because if if they only get they want to go back and now get back to 40 units we have to go through this process all over again um and review everything uh so we want to make sure that we're permitting what they need and and what they're

requesting very good well I live on a south end and it's I'm glad that you guys have taking a blighted property in site and transforming it into something new so I wish you the best thank you thank you I have a question uh for unit 11 in the grading plan it's a little um I guess copy I have a little difficult to decipher is that is the grading obviously going toward coupons

the image I have here is a little it would seem that way but I just want to confirm yeah I I think the back of all of those homes on that Northerly side of all of the roadways the Lots themselves are at least from the center line of the roof area I would think that the front slop to the street and then the back slope to uh to cook Pon anything that

hits an impervious surface like a roadway of that all for the storm water management system the roof area which is clean and the grass area behind it most likely flow towards cook P the way that it does now question of each unit it looks like there's just not a lot of landscaping to each unit is that safe to say yeah I mean we haven't finished like a landscaping plan for all of the units

itself there will be Landscaping done around each of the units as that that can be um that can be achieved you know with the parking off requirements also yeah no my concern is the use of fertilizers mhm you know it can be a condition of yeah I'd like to see a whatever type of fertilizer is is used I I don't think you're going to see swimming pools here so you don't

have to worry about I think they should use any it I think standard conditions we have is in our standard conditions right okay perfect so so what's the standard condition uh there's a certain uh un fertilizing we uh narrowed it down to I for probably only organic fertilizer okay so you're allow to fertilizer it's just a specific type of of fertilizer right okay right especially around cook Pond

the back area and stuff you know just underlining that the phosphorus no nitrogen no on the fertilizer that's a condition that we would have yes we upgrade conditions oh there's 26 and2 Acres that are cook Pond and the basic problem a big part of the pollution is fertilizer from people that live near the pond yeah the Reverend likes green paint yeah well we'll buy by the conditions

I'd like to be able to see the I'd like not to have algae blooms as big in cook Pond as they are now well we like to have none in there because we think it's a selling feature of so we would we would agree with you no I mean that's that's the point there's nothing I'm not arguing I'm just I share some of what my colleague said about improving the quality of life in Fall

River we agree I mean we have future development plans here we want this to be a nice uh area for the existing neighbors that that live there the future ones that will abide here and then in the also in the next phase so we're hoping to clean up this area make it look really nice and and attract some good tenants okay yeah but we need to be really careful with the pollution

because there are parts of for example U the Rowing Club on wupa Pond is prohibited from having children in August because of pollution yeah and algae blooms you guys think you should get this done in one month one month one month continuance or two what do you think one month one month is there any anyone here to for this property then no okay I have one question um could for unit 11 and unit

19 those properties look like really close to the line are is that the area that you were discussing about having some adjustments in the design yeah so there there were a few buildings I think that either could be rotated maybe a deck put on the side of the building instead of the back of the building but Mr Farland and I can talk about those types of things and trying to keep all

of the proposed grading activities uh construction activities outside of that 25 ft no touch Zone I think the only issue that are that may be a concern is the end of one of the culde ax is is fairly close I know the ponds utilizing two to one slopes we can drag those back and get out of it um and again there was only a few spots that had actually encroached into it so I I don't think

with uh with much effort that we wouldn't be able to resolve those issues okay so what are you looking coming back in March yeah next meeting uh one month one one month one month please February February yes okay so can I have a motion to table to February motion to table second r i all right I I yes I I what is the date of that February first Monday of the month first Monday mon okay try

to get the plans in at least a week ahead of time they will be all right we appreciate it thank you very much you thank you uh next is review and discussion adopting be structure want to just bump that to the end of the meeting yeah motion to second I second roll call I I I I yes I what is the motion to move the uh discussion on uh adopting Fe structures to the end of

the meeting to the end of the meeting so that the audience doesn't have to sit and listen to it item five fine that's fine all right we want B for all righty next is requested certificate of compliance se- 24- 806 owner applicant city of Fall River Project is ow WS North Main Street map accessor map is t-16 0014 filed by vbh on behalf of applicant the applicant is requesting a certificate of compliance saying the

above referenced order condition has lapsed is therefore no longer longer valid and and work regulated by was never started thank you Mr chairman I'm Dr LS Carlson a professional Wetland scientist with VHB here on behalf of the city and and the owner Daniel oconnell this project is related to a culvert that goes under the railroad South Coast rail um the riv secondary near Collin Street in Fall River the

covert was damag in the course of construction and it was originally thought that the cover could be repaired in association with that work we're going to do some improvements in the stream channel and we filed a notice of intent on behalf of the city to accomplish that work it was later determined that the cover was irreparable and the covert has been reconstructed in a new location that

reconstruction was done in accordance with What's called the footprint Bridge exemption and which exempts those types of projects from review under meepa the Wetland protection act and chapter 91 so that portion of the work never came before this board um it's not accurate to say that the the order has lapsed there was only that box that could be checked on the form the order is still valid but we

want to close out the order to clear off the deed uh you know that incumbrance on Captain OK connell's deed so the work was never done the new Culvert has been constructed we're working with Dan to um make some final revisions to that um the grade didn't look great and a couple other things but um seem to be functioning yeah very well we've had some pretty decent intensity storms so

you know the uh the Commonwealth and uh Lars uh Jean everybody that's been involved in this project has been very good to deal with and we're very thankful for their efforts any questions from the board just just one where was the new Culvert again you had mentioned it I didn't catch it the new Culver was the place it has the same Inlet as the existing Culver and then it goes in

horizontally a little bit to the north into Collin Street okay and then down Collin Street to have an outlet at the same location as the prior Outlet okay so that prior Granite block structure is no longer there it's been blocked the granite block wall is still there but the the former outlet has been blocked okay okay and the former Culver was uh decommissioned in accordance with

requirements for supporting the railroad that's above it okay all right so can I have a motion to issue a certificate of compliance motion second I I I yes I I all right thank you so I'm the next item okay and so again for the go ahead oh let me uh uh next is a request for extension of permit for order conditions sc-24 d699 owner Massachusetts Highway Department uh project location railroad

right away assessors map na filed by VHB on behalf of the applicant the applicant is requesting to extend their order condition from 1827 two 1827 thank you Mr chairman again uh Dr L Carls with v HB with me now is Gan Fox project manager at Moc this is really just an administrative matter um the project is still under construction we do anticipate being complete in 2024 but the order is about to expire and so we

are requesting um an extension another three-year extension the train is coming yeah it is it is I think it's here the tracks are here no train the tracks okay okay is there any questions from the board so can I have a motion to uh make an extension for three years so moved seconded roll call I I I I yes I I all right thanks thank you thank you for coming out next is a notice of intent

sc-24 833 owner applicant Roba Sal uh project location 0 Florence Street say's map is r-16 0080 followed by Zenith Consulting engineering LLC on behalf of applicant the applicant is proposing construction of a residential dwelling and Associated parking and gardening and utilities sorry for murdering your name no problem good no problem good evening you want to correct them yeah yeah go ahead then no

you can tell them Robbie Robbie s Robbie SEL okay I'm sure I'll forget that excuse me for that okay no problem all right good evening Jamie Binet Zenith Consulting Engineers uh the applicant you speaking of the microphone certainly the applicant Robbie SBI uh here with me um as you have with the plan set we're applying to construct a single family dwelling on Florence Street um the wetlands were delineated

by LEC environmental we've uh adhered to the 25 foot no touch um we did go in for zoning relief and was granted zoning relief uh for the site uh the appeal period on that is up and we have uh filed um the notice of intent with the plans as you have um I do owe Dan some D data sheets we're told by our consultant that we'll have them in the next couple

of weeks which will forward Dan I understand that that will most likely uh require us to have a continuance for tonight which we understand and and have no problem uh continuing to the next month's meeting uh but would' be happy to try to entertain any questions that the commission might have I do have a large plan if you'd like for me to put it up for display purposes that'd be useful

absolutely so while Jamie's getting that up I'll I'll give you a little quick update of where we are so this was a lot that was subdivided off of lot at the dead end of the easterly end of Florence Street actually if you go an additional 100 ft you're into one of dery's softball fields up in the grass portion so there is a bordering vegetated Wetland that runs in between dery and

the homes that end on um Florence Street is it weedo the one before or Hemlock Hemlock Hemlock so a couple of those dead ends there is that Wetland Edge that that runs through there um when I had reviewed the plan I had a couple of concerns about the uh the plan and the basement elevation of where it would sit um the slope the site is fairly sloping down pretty dramatically from where the

existing home is now you'll see that the lot line is actually up into the flat grass area up near the existing home uh and then extends easterly and then it drops down into that that Wetland area till it flattens out down around where the bordering vegetated Wetland is so I have requested the data sheets and a delineation narrative about where the wetlands line came from we know generally where it is from the dery

filing and then also from a couple of other abing filings um but no one's ever actually looked at this specific section in great detail so we've asked for that additional information um and then again one of my comments was that at that 25 foot no activity Zone that we require the standard intervals of uh signage and spacing along that um they have tried to minimize the amount of fill on the site U the fill that was

brought in was really for the purpose of covering over or providing cover over the roof drain infiltration systems so that those systems weren't set in the groundwater uh so we have to get enough dirt over them and then it can be can be graded down so I I think the most important thing is let's get the the wetlands line nailed down first um and then the applicant can we can discuss

with the applicant whether it's accurate whether it needs to be bumped and then they can make whatever modifications to the plan that that would be required to do so okay does the board have any questions how about the uh it's a pretty good drop off there so it's going to take a lot of fill to bring that up what about the dery ball Fe right there is it would it be

any effect on that no because it's so we're coming off of our site or this site and then it drops down into that Wetland and then it goes through that Wetland and there's actually a paper Street of chestnut that runs through there and then it comes back up again to where the dery softball field is I know the fields had a lot of problem in the past with the ball fields being the

softball field this softball field which is like is the elevated one is way out the back a lot of the most water issues I think we always with the varsity baseball field which was dead flat with the adjacent Wetland this has a little bit of a rise to it as well um and they're actually reconstructing that that field as well so I think this drop in the bucket and where they're infiltrating

the roof area um I I can't imagine that it would have a detrimental storm water effect on the softball field okay is there anyone else here to speak on this yeah uh state your name and address Pat pette 326 Hemlock Street okay to the property all right uh go ahead and state what you well we've hired a wetland consultant to represent us unfortunately he's not here this evening but we think the Wetland goes

further in than they have delineated in their maps and the fill and what they're going to put in if it does anything it's going to move that wet area right into our yard okay you you'd be to the right of it South South yeah she's back North next okay so the back lot lines so the Pet's constructed in the 2000 they filed a notice of intent with the commission for the construction of their home the

filling of their lot construction of their pool and driveway um so we have that to go by as a basis as well so Brandon fanf is the uh consultant that she had or The Poets have hired and I did speak with uh with Brandon so that's why I think the the first thing to do is we'll we'll get the data sheets in and the delineation and make a determination it's because of I

mean there's a lot of down trees I mean some big trees um so it's a little bit of a mess you know to get in there uh vegetation Wise It's not super strong vegetation um so it may take some some soils data and stuff like that but LC is a very reputable company and we'll give them the opportunity to provide the the requested information and we can move from that when was this most recent

delation when was that completed within the past two months or so it it's it's been very very recent November 23rd yeah I didn't so I was out there walked the site I didn't notice any test bits were there test bits out there there was two test bits well we we've we they did test bits for exactly for the roof drain dryw systems okay back here we don't I don't know if there ever has been sample plots

done for the delineation neither do I yeah that that was my question yes um so do we have that data from most recently from not that side of the line no on their side of the line some a general Wetland so I think the right thing just table it okay we'll see what we can get there in and hopefully we agree with it and we'll meet out there with the consultant if we need to

okay can we let the uh Butters know that uh when that comes in yeah absolutely okay any any updated information you know we'll send to the buts and you can provide your your consultant with it I can CC you both both you and and Brandon with the information when it comes it okay okay so can I have a motion to table till we get the data in so second

roll call hi hi I I yes I yes thank Youk thank you thank you guys Jamie why you here yes sir you know you weren't getting out this easy next thing on our agenda not that I want you to stay but do you still have any affiliation with Bron Avenue I do okay is that ongoing or because we're going to discuss this next about their ongoing violations not that

I want you to stay but I'm are you guys working towards completing site plan review or yes yes they are I actually spoke with oh you want to and I can I no I no the answer is yes I spoke with them uh last week the end of last week for for a little bit and they're going over um a couple of options on some items that site plan had brought up have you

been out there recently I have not good luck okay we'll talk to the a okay we don't we don't want to burden you with that so they are aware they do they did receive and have a copy of the special order the ORD and conditions that they okay if you have any sway them they may want to follow I'll call them tomorrow all right we'll be calling them soon

enough all righty uh next is uh RDA d184 owner applicants USS Massachusetts Memorial committee Inc uh project location 5 Water Street assessors map n-13 0021 filed by Peter uh Tardis project uh manager for Battleship code requesting a uh for determination of accessibility the applicant is proposing to repair existing damaged sewer line above and below the existing Pier by installing

approximately 18 foot of new pipe he they did send us a letter stating that they did not meet with uh um their engineer so they asked to be tabled to February 5th can I have a motion so made second I roll call I I I yes I second heard a

second uh next is uh review and discussion of 1262 bright and a they haven't I've never heard of it before but all right so 1262 bra and half yeah um so remember at the last meeting I just brought it to your attention that we've had a number of calls and um on visits driving by that it's clear that the applicant has gone well beyond what he was allowed to do Under the issued order of conditions um

in the order of conditions is a very specific construction schedule that was to be adhered to um and it's just being completely ignored uh so I do know that a couple of you had a chance to get out there and take a look at it so I think whatever discussion you you need to have and then guide me in whatever Direction you want with regards to sending a letter asking them to appear before you

in the next month give or sending a letter saying we expect that within 30 days you will adhere to the special conditions and bring yourself into compliance we would like you to come in and discuss it at the next meeting whatever however you want it worded and whatever you want said in that letter um I would just look for some advice and guidance on what you would like s i I'll

make a motion to issue a cease and deist because once again there was a specific order of operations that they needed to follow this is the third or fourth time excuse me Reverend this is the third or fourth time we've met with them and they've gone off and done whatever they wanted out on that site um there's no site plan review which was step number one all of the storm water work was supposed to be

completed there's storage of materials on site storage of heavy equipment on site without the appropriate storm water um systems in place all Wetland restoration the first thing to do so I make a motion we order order cease and desist and then I think when they come before us that we develop a plan to monitor their progress through each step of this construction process so that they are adhering to the special order

conditions that this commission imposed upon them the last time they were here in a very strict timeline this is just going to go on forever if we don't I mean you do have the you do have the ability to require them to pay an Environ environmental monitor as well on top of us being out there to go look at it well I believe that I something to that we we need to

do that as well but I think that at each step in the construction process one of us needs to ensure completion before they're allowed to move to the next step now I'm not expecting them to wait a month to come into the next meeting to start the next step but if Dan or one of us were to go out verify that the work was done in compliance and in the appropriate order and that for instance

there's not storage materials on site then we would allow them to proceed without having to come before the commission right however if at that point in time they are not following the construction the order of up you know the order of sequence of construction then we would issue a cease and desist until they get back on track and I think that's how I'm proposing that I think we need to have some type of oversight to

this property because they've demonstrated to us time and time again that no matter what we ask or request them to do they're not going to do it in fact they're going to do what's immediately in their best interest yeah they they're completely ignoring us the amount of vehicles and and TR is outrageous and I remember we had a specific we told them about that about how much they could store there as far

as vehicles and all that stuff and they're completely ignor it and a lot of those tractors and equipment is right next to their resource area too which they haven't restored so that's a big problem I think we should definitely send um C assist if they don't follow through and we should monitor like Chris is saying like I'm a complete 100% agree with what Chris just said because I mean

you know we have to put a stop to it they don't seem to care we have to be a little bit more aggressive well they're adjacent to a Waterway they're adjac absolutely I mean did you see the amount of trucks and everything they have right next to the uh we don't it's it's literally backed right up to it it really is we're still waiting on their fuel storage plan if fuel storage design they haven't

provided that we don't know I mean I looked I didn't see any fuel being stored on site but I can't guarantee that's going to continue to be the case and they could have it in a port you know they got they could have in a truck and just be pumping out of of the pickup out of a tank in the back of a pickup right into their heavy equipment so and

as far as the storm water management at this point they haven't done nothing no so I'll read to you you know just one of the special conditions standard condition for us was erosion control to be placed which it was placed erosion control was was put in place they did not call us to inspect it they called the building inspector which was part of their site plan interview but they they

should have called us as well but build inspector did say he went and look at it so the first thing they were supposed to do is resource area for for Zone restoration secondly to that so they're working their way away from the water get their restoration area done then all the storm water management facilities which were substantial then it was going to be the material storage bins so all of these these three

layers what they what it's doing is it's keeping vehicles that distance away from the resource area and that's how it was intended to do to create this buffered layer of protection before they were able to park a vehicle a leaking excavator so what they've done is they've blown past the material storage areas the storm water management facilities and the restoration area and now they're parking those Vehicles

directly adjacent to the resource area and not only that if you remember there wasn't supposed to be even the material was either the material storage areas or the parking area was a minimum of 50 I think it was the the storage areas were 50 and then parking would have been another 20 ft away from that parking was up by the G well the garage no in and in the back

they had in the middle of that graveled area out on the back where the new building was supposed to be they would be parking vehicles in that area but that would have probably been at least 75 ft from the resource area which right now they're theoretically adjacent to it surrounding the site the entire way yeah the other thing too I noticed is they haven't done anything that we really

mentioned to them but they were quick to install electronic gate and protect their stuff out yeah uh I don't know how that works cuz I know this should be access right that needs to be accessible as well so I don't even know how that plays into that or you can walk around the gate yeah and what so there there are two access points to this we actually have the right of way that the

city has which runs along the back part of the property but comes out to Bron Avenue like where the cars parked to use the trail that there's a fence gate there we can take that down at any time that's ours to access the site clearly and that's so they've been good about keeping if you remember stored materials outside of that right of away clean they've been better about that um but

they just took those vehicles and put them in the back the amount the amount of equipment they have over there is ridiculous yeah no no I agree so you guys just need to make a motion on what you want sent one one idea and and we can check I think the original enforcement order is still in place I don't think you ever voted to lift it but in any event we did not but

in any event issue another one because enforcement order is different than a cease and desist two different things so we'll issue both well no it can be a cease and deist can be within the enforcement order okay so if you want a new enforcement order to stop all operations and within 30 days bring the site into compliance with the issue order of conditions and appear before as of the next meeting that's

probably you know and also to um environmental monitor an environmental monitor well I think I think once they get in here then we're in order to lift or to have them you know act on so the reason why I asked Jamie that was for three months four months I haven't been able to get a response from him with where you at with these plans and and revised plans um not an email

response anything so I was assuming that he was no longer under contract or was relieved of his duty so I'm at least I'm glad to hear that that's the case now maybe that was just a recent phone call because they anticipated something occurring yeah so I I don't know and you never know with you know being in that business sometimes Consultants don't move if either if they owed money or I

mean who knows the reason why why the stuff wasn't done that that that's really not our business but stuff needs to get done okay so can I have a motion to se Mr I I have no confidence at all in the U in the in the company they misstated several times enough said yeah um I'm concerned I don't know Dan um if you have the time to go there often and observe what they're

doing um if you do that's one thing would it be better it seems to me that it might be better if we hired an environmental monitor to report to you and they pay for it is that correct well it it's my job to go out there and and represent you as your agent as part of their construction activity yes it may make more sense for them to fund an environmental Monitor and provide us

with reports it's done all the time what what I can say is what what we're trying to do Reverend is to create enough of a paper trail the next step in a very short period of time will be to contact D um if we're continue to be ignored so I would say within the next 45 to 60 days if you're not satisfied then we we're going to have to entertain that um

and see if we can get their attention through through DP okay okay so can I I think you've been more than fair I mean this started last Thanksgiving if you remember not this Thanksgiving the Thanksgiving before was when they first violated the regulation yeah and the problem is to continue to do so I I just and they're going to so can I have a motion to cease and assist actually we're going to issue an

enforcement order and within the enforcement order we're going to require that they cease and desist immediately all activities okay can I have a second second Roo I I I I yes I I and just so that you know um we're also going to work with now that this get done and I've already alerted the building inspector to this um he also has the the ability to stop all work on on the

property as well as non-compliance with with site plan review because through site plan review they had the same actually a more stringent list of construction schedule because it involved other things that didn't have to do with the Wetland protection act and still we haven't gotten revised plans for that so they should have been doing nothing other than the restoration work that uh that you guys had allowed

them to do and I'll follow up with the building inspector on that tomorrow on this project project like uh Chris is kind of Taken under his wing the Copa cut I'd like to see two volunteers that would kind of go by there a little more often than like once a month just to check on I'm not saying every week or every day but is it two people that could wouldn't mind I I go by there

often I look at it that's not I mean so that way you twoo could you know keep uh you know you do not have to we do not want you walking on the property right no I mean you can observe a lot just from you can see plenty yes but if you go by and you see a stockpile of material AB away from something like that but I do not want you guys and

there was a period that it seemed like every other day there was more and more equipment there so you can you can easily observe that from the streets but like I I don't want I don't want the riv to take it upon himself and then so the more eyes we have constantly comfortable you and I going you know but that's about it yeah okay thank you guys for that okay

I'll talk to him I go by there too all right I'll talk to just would you see anything just you see something say something yeah J all right next is uh review and discussion of 263 Redwood Lane um so just briefly we can fill you in on this so this was we had received a call regarding a complaint on a property up off of um there you go that I drive by every

day um at a at the end of a subdivision that comes off of Blossom Road called Redwood Lane there are a number of photos that you can see there was there was a subdivision that was done a number of years ago and it's part of the approval there was a variance there was a subdivision approval and then there was a conservation approval first violation has to deal with the zoning uh decision that required them to provide

an open space parcel that had specific restrictions on it there been in non-compliance with that the building inspector is is handling that end of it that's why the two of us had sent this letter that we had sent out then is through part of the subdivision process there was a conservation restriction or not a full conservation restriction but a restriction um with what that could be done on this open space posle that

wrapped around one of the homes violation of that as well and then lastly there has been numerous um Wetlands violations with filling Wetlands building driveways access roads um that we've now found out we think of are for dirt bikes but this is not a six foot wide dirt bike path this is a 20 to 2 24t wide processed Gravel Road or dir or mud some places 30t um and straight through the Wetland um a very important

Wetland so we we did send out notification I know Chris and John both went out and spoke to various people involved we did get a response from uh the owner's attorney um saying you know due to the this just went out Friday I think it was at the end of last week so they will be appearing before uh at the February meeting to discuss so far what we've gotten I think

and I I don't want to speak for for the gentleman that went but um we think they they want to do the right thing and whatever we tell them but we we'll see how that goes Ian it's it's substantial and you can see in the the photographs there's a photograph from 2016 when the applicant first bought it um and you see a somewhat of a little series of some faint trails that run

behind the house um this is a very long long I probably a th000 feet long or longer of this paralo land uh then in 22 you'll see that it's still fairly faint maybe a little bit more used and expanded a little bit but still Trails right which it was allowed then you see the photo from 23 which is now you see all the gray substantial driveways that were built

and they're all on your iPads as well if you want to look better um and then that 23 photo that's March that doesn't do what's out there Justice now um we don't have a recent aerial it's probably doubled in size and in length of what's been going on out there there's a storage of heavy equipment flood lighting like you see on the highways so we found out apparently they put the

lights on so the kids can ride their dirt bikes at night um you know so it's we've got some stuff to deal with but we really don't need to talk much about it until next month when they come so I just have a quick question Dan so when this was given to the uh wasn't given they they own it they own it it's owned there there's a restriction on a portion

of their land the majority 16 Acres 16 Acres yeah okay and that was in 2001 correct okay and those they're the same owners that were uh from 2001 right that it's hasn't changed no well same family same so the youngest son built that home in around 15 I think oh okay so I think so it's all family that that lives up and down the street I actually permitted this house for the gentleman that's still

that lives there now and I mean and this family is used to staying within the guidelines for wetland they do a lot of work for the city uh well the the uncle's actually chairman of the board so they know what the restrictions were here I think they should have been I mean it it's when you walk out there the walking truck I mean you could take a truck and drive down two truck they had storage uh

cobblestones Granite I mean it was little rooms set out there you know and but they they signed this we didn't make them sign it so I mean they have to follow the lot was supposed toil restri I I imagine when they signed this um obviously for a tax write off kind of thing right cuz on the 16 Acres you sign it and you put it into the no so what what because this is still part

of it it's still taxable because the shape of this piece was so narrow and so thin and so long they received a zoning variants to create smaller Lots than what were required and cluster the houses and then put a restriction on this big open space piece that ran through you know the areas that we wanted to protect um so I would say there's more land in the Restriction restricted area

than there is with they built the four or five homes so if you drive down o Fall River Road or Old Westport road before you take Blossom if you if you don't oh B so if you don't pull down Blossom and continue over you see all the new solar Farms solar field that was built there this is right so you see in the photos this is right behind y um the

solar field so right behind what the solar fields that were built over in that area and I but I know I I was just trying to get an understanding why they signed this I know the just as a point of reference folks um that area um in my walk out there in the Stream that helps form the Headwater for bread and cheese Brook and therefore the Westport River so there's a lot of

Downstream people in that might take an interest in this like Coalition for Buzz Bay and West River watered Alliance but it's definitely a large water shed area potential some potential veral pools out there but couldn't tell this time of year but um you know significant Wetland VI well they're in the Wetland so I guess they Wetland violations yeah you know we're not talking about

within the 25t buff we're talking about right through yeah so I mean they did say they wanted to uh immediate everything but to me it's take it back to 2016 you know I don't know if they're going to be and this might end up being agreeable another project that D oh this is going to go on for a while so yeah it's going to we're going to have to get D involved

this and the current owners of the house in 2016 their parents are the ones who sign who's okay okay that's what I'm trying to understand y all the same names yeah same names as the owners on the subdivision plan so I guess I'm trying to figure out it's not like they probably didn't know that they were committing violations obviously I would I I would think they would be aware well

I mean the parents sign yeah that's why we trying to see if it still in the same family or the same people on what the his the lot was well we'll find out next month when they come in what what everybody thought the kids responsive they want they're not they wer you know yeah all right so uh can I have a motion to bring back a discussion on uh you

need a motion to look from the table bring it back still on the table okay uh the Fe structure stru yeah we have well there's really nothing to vote on red it's already been is table it table this motion table second roll call I hi I I yes I I okay then uh next uh review and discussion adopting the fee structure I did talk to motion to lift from the table roll

call second hi all what was your motion I just to bring it back bring it back oh hi all okay I did talk to M mcast and uh we do need by bylaws to have fee structures now they're under second reading of the new state bylaws which I think we should just wait till they finish that and then look them over and adopt them and then we can do our free

fee structure okay how long is that that you in Final so yeah it's going to take a the reason I'm asking this is are we going to keep this in the agenda or can we remove it and bring it back is that we could put it back on once we get the information yeah so we can go ahead yeah we can remove it yeah okay okay so if so there are several review review sessions

for the um by you know the new um regs but based on that so I'm going to sit through one of them but based on that if we have a level of confidence going forward I think we need to wait till those are they're all well so couple of things I first brought to you that I thought it would be good to just get the a general framework bylaw MH created nothing specific with regards to

development and because we may now find that what you want to put in or thinking about putting in may become may may it may be in the process of becoming the state regulation so anything specific other than just creating the city of Fall River Wetlands bylaw period and and then once we establish that yes you can work towards a fee schedule but anything with regards to increased buffer zones no touch zones

all that kind of stuff that you should wait to see because you may find your 25t no activity Zone may now become a State regulation you don't know I I haven't read through the through the draft edits of what's coming through yeah um so I don't think we need to wait to start creating the general framework which is already pretty much done but just strip it down from any development issue or

any specific guideline or or anything like that until until that comes through just out the process I don't see an issue with that so why don't we leave it on for one more meeting why don't we bring back the the version that the general draft that we already have and we'll see what we need to strike or strip down and then we can just move with that because a lot of

it's still the same of you know name this like all those types of General things just to create the three pieces of paper that we need to say that we have a p okay and then we can add to it you know every year or two you can keep thinking again cuz like I said you know you you go try to take try and get a whole pie sometimes s is difficult

especially when we're dealing with the council and everything else so one piece of pie at a time eventually will get a whole pie okay each time you add to it you got to go before the council though right yes absolutely yeah but but try going to a public hearing when you now want to basically recreate the wheel and go beyond what the Wetland protection act allows for you don't see that happen

never mind in the city of Fall River okay can I have a motion to table where would I before we where would I find this draft you you received an email from Nina oh say it again you received we all received an email from Nina with regard to um the changes and within that there are different sessions where they actually they're going to this is the state draft talking we'll send it again

we'll send it again tomorrow you're I'm talking about the State draft the yeah that's included in the email I'm would you resend it to me Nina thank you I missed it thank you you're welcome I prefer the strikeout version not strike out so I see what's EXA so a motion to uh table Yeah motion to table second I'm sorry I was in a side table second I I I I yes I okay can have

motion approval of the minutes from December 4th so may second roll call I I I I yes I yes uh seeing no citizen input can I have a motion to adjourn motion to adjourn second call I I I I yes I I meeting adjourn