10.10.2023 Conservation

welcome to the forward conservation meeting being held at the public hearing uh room Tuesday October 10th 2023 5:30 uh one government center Fall River 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 advised that such recordings or Transmissions are being made whether perceived or

unperceived by those present are deemed acknowledged and permissible we'll start with roll call Chris Bo here L fer John brand Jim kusich Paulo ameral Nikita VI James hinsby and we also have Nina poo clerk Dan agar conservation agent and Gary let from for TV um first on the agenda is a request for certificate of compliance se- 24-7 761 owner applicant Department of Conservation Recreation

project location koput Road sister map w-1 19-10 filed by the department of conservation and Recreation requesting a certificate of compliance stating that the work regulated by the above reference order condition has been satisfactory completed this was tabled from September 11th meeting board members if you remember we had a a brief discussion about it and Chris having great knowledge of the

project in the area being out there more than anyone had some questions he wanted to do a site walk which he did uh there were a number of locations where um he feels that the applicant was lacking in some of the work that they had completed specifically with some signage that he felt was very temporary in nature was basically some paper um there were some trails that were supposed to be closed

that weren't and a number of other items um that had not been completed not that anything went and created a violation of any sorts but there were a number of locations where they didn't do even the positive work they would doing with some trail relocation than what they did I would recommend that you know we deny it until the work has been satisfactorily completed but we should send some type

of notice asking them to come to our next meeting or schedule a site walk with them and actually show them the deficiencies so that we can point out to them what needs to be done and see what kind of response we can get out from them yeah I think we should hold them to the same standard as we do everyone else with the signs we put up paper is just not going to make it so I

can send them something out you know to schedule a s sidewalk before the next meeting or if you just want to have them come in until at the next meeting and start the discussion that's fine too um yeah can we send a letter and then have them come next meeting have the next meeting and then we'll schedule a walk okay because some areas I did not get to and I'd like to get to particularly the

two are the two punchin that were not constructed I was not able to get to those two areas okay um because I can't hear you CHR oh I'm sorry Jim so move your mic sure so um there were there I it's a very large area as you might expect so we got to about 25% of it 20% of it and um there's still some other areas for instance they were supposed to have an additional two punchings

constructed they didn't construct those so um and we got a partial answer back from uh Paul uh but in terms of you know I have some questions on the location of some of the new trails with respect to Wetlands um the signage that is out there is temporary in nature and it's quite confusing uh and trails that were supposed to be closed for naturalization weren't so um I think we can probably

resolve that with a with a walk out there with someone from uh DCR and you know exess our concerns but I think that certainly the the the trail closure signs need to be certainly of a more permanent nature and they're just not they you know in some instances they had laid some trees down those are small saplings down those are long since going in some instan they close a trail by

dropping branches down so I think we need something a little more permanent to let people know those trails are Clos and allow them to allow them to naturalize um and not continue to be used over and over again as they are presently so I you I agree with you and I haven't really figured out how to get into the trail well where do you enter it ah there's an anywhere but copicut road but it's not

easy it's not easy it's a very confusing area out there and that's why I asked Mr laosi to accompany me because he knows the area much better than I do okay I thought that this was we were also going to have put put some restrictions on our motorbikes and bikes and things riding in different they're now riding in essentially all over the all over the place and particularly they are staying away it appears from

the from the portion owned by the trustees but there there are plenty of tracks around the rest of it yes so we just want to go out there and get you know with someone representative from DCR some of these specific concerns and maybe get you know maybe get and Paul jongi has retired I think he is not retired he's taken another job within the common well he's not there correct okay

that's okay so let's ask them to set up a meeting too y That's any other questions or so can I have a motion to table this to next month but uh send DCR a uh uh letter requesting the uh findings that we found and uh maybe to have a tour of the uh second roll call vote I I I I yes I I okay next is a notice of intent sc- 24828 owner applicant riger leasing LLC

uh project location WS Rach Road assessor map is z- 03- 0099 filed by Northeast engineer and consultant on behalf of this applicant the applicant proposes a construction two Commercial Warehouse buildings Associated access driveway utilities on the west side of Rach Road and F Mass access to the second building requires a wetland Crossing that will result in 4,000 ft of bordering vegetated Wetland

alteration and replication this was tabled from September 11th so um as we discussed at the last meeting we were waiting to get some revised plans in which we did get in last Wednesday um believe it was last mesday uh I reviewed them within a day or two scheduled a meeting with a consultant came in went over the three pages of comments that I had and he felt that it would be best if he'd be allowed

the time to make the revisions and include all of those those modifications in the next revised plan set and uh also file forite plan review at the same time so that most likely or hopefully at the next meeting we could conclude both uh parts of the pering procedure both through here and site plan review at the same time I think the plans that he submitted were much closer than what the

previous set was but was still lacking in a number of locations so he'll be submitting in some revised plans hopefully sooner than later but I would recommend at least the time being table until the next meeting okay so can I have a motion to table motion second roll call vote I I I I yes I I okay next on the agenda is is a request for certificate of compliance se- 24790 owner applicant Highland Farms

development 2 LLC project location 34 Fieldstone Lane sesor map is -4- z77 filed by civil engine environmental consultant Inc on behalf of applicant the applicant is requesting a certificate of compliance with the exception of final lawn development on this lot the work authorized under this order has been completed in substantial compliance with the order of condition we've received updated as builts two

ailts uh after the first on we had asked for some modifications which were made uh the request for certificate of compliance and the letter from the design engineer as well after a s sidewalk I can offer that the lot was very well done in very tight quarters all the work is complete and that I would recommend certificate comp so can I have a motion for a certificate of compliance so move second roll call I I

hi hi yes hi hi okay next is a request for certificate of compliance se- 24798 owner applicant is Highland Farms development 2 LLC project location 56 fil stone lane s's map is -4- 76 filed by civil civil and environmental consultant in on behalf of applicant the applicant is requested cic compliance with the exception of final lawn development on this slot the work authorized under this order has been

completed in substantial compliance with the order of conditions again similar to the last one these lots are actually next door to each other um identical another tight lot detention Pond to the rear of it some Wetland to one side of it as well Wetland signage was up everything had been looned and seated uh very neatly done uh grass was just beginning to start some growth as of this morning so

we recommend the issue of issuance of a certificate of compliance for this one as well okay so can I have a motion to issue a certificate of compliance motion to approve C second roll call vote hi I I I yes I I okay next is a request for certificate of compliance se- 24796 owner applicant Highland Farms development 2 LLC project location 94 Phil stone lane accessor map is u -4- 0074 filed by Sil environmental

consultant on behalf of this applicant the applicant is requesting a certificate of compliance with the exceptional final lawn development to work within the drainage easement on this slot of work as authorized under the order condition has been completed substantially compliance of an order of condition this one uh needs a little bit more work than the previous two this is a few Lots down

from the from the last one that we discussed I did send a a message email out to the applicant who responded to me that he would be in touch this week is an area to the rear of the building uh of the home uh where it looks like the dwelling was not built in accordance with the plan I think it was built a little bit ler than designed so there may be some issue with graving in

relation to a detention pond so I'll work that out with him once he gets back to me so I recommend that we table this and allow them the ability to make whatever Corrections okay can I have a motion to table motion to table second all I I yes I I okay next is a notice of intent se- 24829 owner applicant is JH Holding Group LLC project location 21 August street cessor map is c-1 16-23

o63 82 o86 87 88 filed by the applicant requesting uh a not notice of intent the applicant is proposing extension of uh Bronson Street construction of pave common driveway to service nine house slots including all utilities and storm water

improvements you might want to put it in that corner so that maybe we can have all the neighbors sit on one side of the room so that they can see at the same that we can and closer to the Reverend so he can see it there you go John you have green cards in the legal ad see that no it's open I can't see it anyway if I keep moving in this way further thank you little

better no difficult for me to see that I I'll deal with well we do have a big map we do have how about the other members bring it up it's on I have it right in front of me so yeah we have it here you have them on your iPads too right yeah yeah my name is John conell I work for Northeast engineers in Middletown Ro Island here on behalf of JH Holdings who

is the owner and the applicant for the proposed project um the parel that we're proposing to develop is located between Frederick Street Whitefield Street and Mariano Bishop bide about 2 and A2 Acres um total looking to to divide it into eight single family house lots and then there is an existing lot which we'd also be developing off the Bronson Street Extension which would me a total of nine

Lots the this is uh that's the title the existing conditions shows the uh the existing resource areas located on the fossils as you come down Bronson Street there's a small Wetland area in between Whitefield Street and Bronson and then there's a larger Wetland area to the north of Bronson which ultimately connects to a Swale which connects to uh thisch charges to a 20 an existing 24 in

RCP or concrete Culver that goes under Marano Bishop Boulevard to a cookon this is the proposed lock configuration here you see that um we're proposing a 20 uh the extension off of Bron and you can see these areas here this is a loot configuration I'll show you the actual layout

here this is L shows the houses the roadway the proposed utilities Etc um we're proposing a 20ft wide pav driveway coming um off of Frederick to extend Bronson Street that would narrow down to 18 ft of pavement for the proposed houses Beyond Bronson and August Street um all public utilities of water and sewer which we reviewed with the city um Electric telephone cable will be extended in as far as drainage

improvements um we proposed a uh retaining walls on each side of Bronson Street to prevent any uh any excess I'll say uh alteration of the Wetland we do propose uh a small alteration of 154 ft um at the Wetland area here so we could center the extension of the roadway as well as um working with the city they wanted to see the 24in pipe removed which was flagged as resource area um to prevent any

bottlenecks of this Wetland area um in in backing up into the neighborhood um so our proposal is roughly it's a little over 700 Square ft um 736 I believe Square ft of wetland alteration we have a thou 1,180 ft of replication area um down towards the Northerly property

line This is the plan here which shows um the topography on the pel which at its maximum is roughly uh elevation 208 at the uh westle property line and then goes down to the Wetland which is about 180 elevation 180 about a 28 ft uh elevation difference um all all of our runoff is being captured on the roadway in a drainage system we have a um catch Basin at the end of the proposed drive

here we have a double catch Basin um at a low point right at the uh intersection of Bronson in August and then we have another double catch Basin um right at the intersection of the Bronson extension and the driveway to prevent that water from from crossing the intersection the det um all of that water is treated through two um storm seor units water quality units um which which is pretty standard these days uh

it's all included in an onm plan that they'll have to to maintain these things uh the detention Basin you can see it's an elongated detention Basin here which roughly parallels the um Wetland line uh resource area um Outlet structure as far as we could get it to the north of the property uh to discharge to that existing Swale and then that sale dischar to the 24in Culver going under

Maro Bishop Boulevard we've reduced our Peak rates um for the 210 and 100 in accordance with the regulations we've provided a double um or two 24in calverts under the proposed extension of Bronson to ensure that all of the water that is now in this Wetland here um will not be that that flooding will not be exacerbated all that water will be able to to pass through those coverts um up to and Beyond the 100e

storm that will get into this Wetland here um no bottlenecks and then out to Mariano Bishop bouevard um I think that's an overview and certainly be happy to try to answer any questions the commission has okay before we ask questions anybody in the audience have any questions want me give my little me give AI first we're going to have Dan's going and then we'll we go through the room so

I'm sure you're all familiar with this neighborhood to some extent with regards to drainage issues over the past and D could you move your mic a little closer that better thank yes it is thank you um so I'm sure you're all familiar with the area and the drainage issues that have occurred uh as a result of the Lynnwood and the Whitefield Street uh developments that had taken place a number of years

ago we've been working with this applicant for over a year um from when they initially submitted first site plan review designs in order to make this proposal you know come to fruition here today what we wanted to make sure is that the improvements that were being made only improved the existing drainage condition what we've discovered was and I know you're familiar with some of them

originally this area used to drain um as Mr conell stated through that Culvert under Bronson Street and then entered into a drainage ditch immediately and that drainage ditch ran along that Wetland Edge now this is the opposite side of the Wetland Edge that that this project is is touching but goes to the same place that used to connect all the way down to that same that same channel

and then get up underneath the highway over to cook Pond around 2016 homeowners along Frederick Street uh beginning with house number 57 and then like the one or two next Homes North of that filled in that drainage ditch and what what that did was that forced that water now to back up into the preceding Wetland system into the preceding drainage uh system that the city took upon itself to

install um within the streets and that is the current condition today so what we asked the applicant to do and they took took it upon themselves to appease us is to create a drainage system that now bypasses the swell that was filled in so the design that was put in place allows that water now up gradient to continue on through the site the way that it previously did and then on top of that

they were required to also meet treat and mitigate for the storm water runoff that they were um increasing for their site development itself and it's probably been four or five different revisions and iterations of this plan through site plan review before I recommended that they file with the Conservation Commission we wanted to make sure that all of those items had been satisfied before they came and

dealt with the Wetland protection act portion of of their project I can say that they've met all the requirements or any of the asks that came from my office as well as Paul ferland's office in the Department of Community utilities they worked very close with John linca and Paul furland in that department going over drainage analysis of all the way through that covert under Marian Bishop Boulevard to make sure

that we would not have um an ongoing drainage issue or making that drainage issue worse with regards to the violations along the Swale in the back of the homes along Frederick Street we'll deal with that at a separate time um that we can talk about at the next meeting but for right now I felt it would be more productive if we dealt only only with uh the applicant's plans and what his intentions were and I can

offer that they have included measures in their design uh to eliminate the backup that we're we're currently seeing out there in that that portion of Frederick Street now so I think that's about it for me for the time being there are some special conditions that I would like you to consider you know if we do get to that point but we can discuss that when we get there

uh I like to go up there and show her just example like that and show you exactly okay uh just come up uh state your name and address my name is Peter L I live on 220 Whitefield Street would you choose the mic I just want to walk up that's fine no I just want to show on the map fine that's fine I just want to show here where he's asking to go and I don't know

why extension go that way this house will be flooded because he's already built do it to get his back out when his kids been being flooded so the one he suggested bring that road will flood him easily there's a drain we don't have drains going into the city with a sewer system we got it into the road and it goes into the wetlands there is no drainage that's our drainage and down next to the end of

White Field it goes into the woods so what's happened over here the water from lywood is going like he said about the water it's always been there it was a guy wanted to build two houses him and his sister I told him there's a lot of water runs through it he stopped building the two houses he had excavated now with this there was a house in federick and Whitefield you

must be familiar with the house was a pond Val over there and the guy used tocate on that pond they filled that in the house in corner of fedick and Whitefield sank caus a whole divorce him white because the house was cracking and stuff they put 24 pylons 26 ft deep cuz that pond was that deep I told the guy and if you go want to take a ride go

next to the power line You'll see the concrete broken pipes that was dropped in that pond along with Bowers I even told the guy that was doing the engineering that would diging down he said you're going to hit Pike how do you know cuz I saw him dumping in there y I seen it too yeah here 15 years I've seen everything he's lived here for over 30 years get 2012 all the new house I like

the sixth person that moved into that new development I went with Jamie duck that developed that that Bron you talked to you said about a wall he told me three fet of gravel to get it up from the pond behind there the wetlands he wants to extend to is all water that you can take a ride you see all the water if you block that off and you see oh the

drains there's been a nightmare de Treet had a flood on the street they had to finally paved that street so what you want to do make it worse and make it worse and then here's the thing you're the committee here you okay but when a house SS like conf federic you know the first thing they said oh it's a contractor no it wasn't it started here and then it led to the pl uh the

building inspector that inspected it so if you want to sign off on it that these house that he's talking about the guy that you sold the house is St abandoned he filled that land in years and years ago and when he went to go put something up it would sink so if you want to sit there and guarantee these people are going to build houses towards that way and if you're going to do ledge and

blast his house is right on the edge of that land and you are you going to sign off and you're going to pay for the damage there LED there lot of lot of L we have one person speak at a time please you you'll have your chance yeah please that is all solid ledge high as can be you're you're exactly right so it is much higher so the site that's being

developed the water like you said you're engineer yeah everything runs downhill correct the people on Frederick that has a nightmare already will have a bigger nightmare you put drains in where that drain going to go and you know what that pipe that goes into the cookon I think it was uh sealed off so how's that going through the people right there on federick Street the BR water is brown it

ain't flowing through y so when it does it backs up it comes high up on the embankment so when you hear make all these promises and the nice deals we all have to deal with your mistakes and that's what it is a mistake and if you okay this I don't know what to say about the city anymore because I've been here before I sold talk about conservation 88 acres crossing the Freetown State Forest

office to the state of Massachusetts that was my uncle's land when he died we uh sold it to the state of massachus for conservation so conservation toward a protector Wetlands when we want to build one time we can only do it was 28 houses because of wetlands but you can stick these houses right on top of water especially in federick Street water running down you're going to tell these people after

hey sorry we got flooded we thought it was going to work you think it's going to work no you're an engineer you tell me about the fedick street why it sent you want me to respond now yeah every one of well one of the homes on Frederick Street 57 came before this board not one other one did specifically the ones at Whitefield and Frederick so you are correct at that point in time the developer filled in

ponds that were wetlands and Built Homes not not that this commission ever approved or they even came to this commission so let's start there yeah secondly to that the drainage issues that have occurred out there are from these homes on Frederick that you're saying have all of these drainage problems you don't fill in swes in your backyard that convey storm water if you have a drainage problem what you've just

done is you've made it worse and you are correct water flows downhill so fill the downhill portion of a Swale and you are right that water will back up and for a year we've asked this applicant to make drainage improvements to make sure this water flows through including the area that you initially pointed out where you see is a low-lying area so John if you can explain to them the area in question

before you do I want to explain why you mentioned about here why you extended to Bronson when this is all Wetland why the extension you have to get you have to get to these homes and to get oh you put a National Grid Fredick Street was wide open then all a sudden there's a nice gate by National Grid across block the road from going in and out well Frederick Street is a dead end it

doesn't continue was a dead end it connects right L this applicant has the right to access their property through Bronson Street and that's what they're doing wait a minute through Bronson all way down here end so we going to go no you're you're backwards so start off at Bronson maybe this this sheet might um is is probably the clearest sheet yourick this isi right here yeah and then this is uh White Field this is

Marian o Bishop so you come down White Field you take that left oneder no you said sticking a house here where's this house on this one I know this is Whitefield s is the one diagonal the EMP lot that used to be owned by the old man and woman that's right across Diagon oh yeah there a big grass area right there yeah they water that's where the first house foundation that one there's not there's

not a foundation there they're proposing a found was Water Street house that's the house yeah it used to be water running and they got divorced that that house is being removed that that's part of this project that house is being demolished that's the old man sent it but like I said you build Fredick like these are up there these two down here guarantee these two are going to sink okay and when they do

who's going to take responsibility I want to know really it be the Builder what as long as he's built it according to the regular standards but if it sinks into the thing I gu like that happened at fedick Street who's going to take the responsib because there was no oversight it's still to develop his responsibility whoever built that host yeah who who's that to him the build that a build who okay the building

department gave him a building permit you're correct but this board did not yeah when they did that time they failed and do you want other people they that poor young couple was like the dream home sank to the ground so somebody bought an now is it sinking now a shifting on that no the house that had 24 Pilon again this applicant has the right to develop their land in accordance with the wetlands protection

act this is what they this is what they are proposing that's what this commission is bound to listen to and administer that law for the Conservation Commission if you want to discuss it with the building department by all means go right ahead problem I've been there before before and I've been a lot I've been to conservation meetings before Dennis was here when of was the on this whole thing with a few what I'm

trying to say is stop giving people nightmares anymore this city I watch I lived here all my life and now I lived there to get a house and all I see is Shifting of the water you say people backyard about filling in do you want to see the pictures cuz I brought them oh no go D I live there you have so you know they filled them in no Jamie Duff

on White Street filled that pond the first time guess who came down the city and said stop right there you can't and then he fills in in later St with those piping and cause even a more when you say about filling in yep did any of you stop Jamie Duff from building and doing that stuff throwing go look at the pipes BR I just explained to you that no one came to this commission the way that

this this is the way that things are supposed to get done that that you submit a plan no we're not we're looking at we are looking at the part this City made and spent their own dollars on improving the drainage system in that street and Paving it on top of it so the same applicant wanted to put a PO in building here when it's that's not before the conservation reevis by Chris

Hawkins then he wanted to put it's uh the zone for single family houses which is what you're getting and then I went to Paul Cogan's office and we sat looked over the new Footprints and he said oh single F that's that's good if it no want something to the Edge but slash condos leas when you lease something you can add something later on and go in front of the board and change it we like

we enjoy the people if you look out our neighborhood we're 23% higher than all real estate on the brers let's focus on the wetlands protection act issues please our Wetlands right like I said even the wetlands my neighbor has a pump running constantly because of water because your homes weren't built according to the rights standard this applicant is being held we're we're not going backwards and

I'm not pointing fingers on who did what I've been here for a year and a half we're making sure that things get done correctly and that's what we've required this applicant to do well you said about some people F in yes what would you do Dan if your water is coming right to the back of your door and you you can't do because know what that thing wasn't working at all because

you said people fill that yeah no it was the developers that were there that filled that no I have the I have the aerial photographs in what time it was when somebody owned the property you have a pond back then that what is this oh yeah what happened to that P what happened to that pond just disapp was it was it the people or was it the well I'm done but you okay what you

want to do I you go by wetlands and all the protection well you here's your chance to protect wet you want to pass it good luck because what you're doing is wrong just your name and address Street been over 15 years pretty much seen the developer that did all the jobs there pretty much Jamie Duff knocked off all the wetland trees to the ground the house on the side of me was

all Wetlands there was water up to here with wetland trees everywhere in the back there's Turtles with yellow or yellow or red thin turtle species that's in danger Massachusetts they all camp out and they all lay their eggs in a yard evening in the back uh there's ledge back here which I'm concerned more about the ledge the black you can't build houses on top of ledge it's be perfectly clear you stop blasting into

this our house is going to sink since you guys put the F Street in there did a good job I admit the problem is all our yards flood my yach special floods now I had no problem bloody till like till the houses were built until the new road came in my concern is the ledge stop blasting that these houses are going to fall especially mine mine my house has been there over 100 years I

keep an eye on it so far so good but my neighbor's yard and my neighbors foundations are all cracking I I I I can see it uh another thing he never took permits out knock down the trees I I called enironmental agency I called I called all the nobody has permits on this sweetlands nobody has permits on vck street I complain hey what's the permits you can't be knocking these trees down especially at the end

of fedric Street you're supposed to have so many feet of road you can actually see my road that's going in why because you can't knock down the trees in the wetlands why why can you why did you knock down the trees over here I don't get it that I can't answer the trees were helping keeping everything dry now everything's wet I basically I looked into it I see your point but moving

forward we wer you have to look to the past to find out why this happened because it's going to keep happening over and over and over and we get screwed I had a buyer for my house he found out they were building stuff in the ledge you don't want to buy it because they were scared the foundation's going to crack we're all going to get screwed over here the buyer

told me Paul I can't buy your house because they're going to build back there this ledge the houses are going to sink I'm in the construction business there's people soon up north CU they built a school on top of ledge everybody sued around they got like $50,000 each because the foundation worst comes to worst we're all going to get a lawyer call it a day I see foundations cracking

get a lawyer know I mean we try to be reasonable over here just the ledge worries me right there's a big ledge right here I walked that whole neighborhood I walked the back end Woods it's just full of ledge how you going to build houses on top of ledge he never took oh there's a lot of ledge absolutely trees helping keep the place dry I didn't care about the dirt

road now I have a problem with my gu go come down when it rains my gu goes up with water this much I haven't complain because I'm going to try and fill it in sooner or later who knows but sooner or later I'm going to blow my FES get a lawyer get all been done with I've been very patient with the city not complaining I want to see what's going

to happen here what's going to happen to me I'm at towards the end I'm going to get full with water that's what's going to happen so the permits you never took the permits out I know I called yeah the past we can't correct we weren't here but uh that pipe that was sealed is it open on going to the last it was closed one of the conditions that I'm recommending

is that that pipe be cleaned out in all of the the debris moved and that flow is allowed to go through and that was something that Paul ferland's office who's in charge of storm water was imperative that that gets taken care of and that that water is free like they're all telling you a foot you say it's in the past well I understand that you you you dig and you hit water it's a foot

all eight of these homes are being built at an elevation 20 fet higher than your house on ledge so they don't have the same kinds of concerns that that you would have had when you constructed your home your home was built at a time when they didn't look at things like ground water how high does it get soil conditions for foundations those things get looked at now so I understand but

but the underlying material may not have been looked at or handled correctly the I I understand so during that process of dealing with ledge what the what the applicant is required to do through the building code nothing having to do with the Conservation Commission they they're required to do surveys of all of the abing homes if they blast if they just use a hammer for for the sake of using

on an excavator depending upon what elevation they need to get to then then these homes may be built on slabs so but they have to make a survey of all of the abing homes we're dealing with it with with too on Plymouth Avenue now um where they they've had to do that same kind of a survey because so they document the condition of all the existing foundations and if something happens the

developer is responsible for it that's Massachusetts General law but that that that's not before the Conservation Commission the Conservation Commission deals with wetlands and drainage issues well like I said there was wetland trees back there he knocked everything down when he knocked all those wetland trees there I noticed all the water down hill I mean every ran downhill ask my

neighbors Hey where's this water coming from they all everybody say it must have been the back he started messing around with the back if you dig up you can see utility pipes you can see SE pipes you can see all the stuff he filled in going where uh natural grid where they blocked off yep Jamie duck put all this crap over there all the typ of but that but

that isn't this piece of land I I listen I understand all about Jamie Duff and what he did we're making sure that this does not happen again and we're also requiring this applicant although he's not responsible for it to make improvements to help eliminate what Jamie je Duff had done in the past with the development of Lynnwood and Whitefield and Frederick as well John this young lady okay just state your name and

address Andre Street um I am a new neighbor but we have always had issues with water every time we have about 3 to four in of water in most of our backyard and our driveway which leaves her to play on the road which is great um I did come in late I apologize but I have a question where is the entrance going to be to access those nine homes John John will

explain it to you again um it's it's off of Frederick Street so and you said you're on Whitefield street so they're coming downi on yeah they're coming down Whitefield taking a left to Fredick and then the the the other left right where that um apron is now to the existing home set back set in the back how are those people going to go in and out there only one way in one way out

they all have to go through it's already like a highway it's there's so many houses trying to get out of that trying to get out of that one White Field Street now there's traffic all over the place and everybody there all of those nine units there they all going to go out right Street also right yes have you ever spent any time at the set of lights near South Coast

Marketplace so try to take that light at 4 this is protection pleasing more tra ISS just we're only on Wetland regulations TR not we the that'll go to I'm going to give you my number so you call me I'll be out there this week we'll take a walk around but but um one another question we're talking about Wetland you had a chance to speak all I'm going to say about the

ledge you said this height is near Mario Bishop a lot and down here is this glob as Wetlands water runs downhill and it's collected in their drainage system and please sit down I've asked okay so understand folks we we can our our charge to this commission is only with respect to weapons we have to be sure he's building they're putting this development in and they and they're and they're doing what they need to do

to protect the wetlands we can't stop them from building we can't tell them where they can build it's it's their property and they have the right to develop it I I'm and I'm hearing all your concerns certainly but you you come to the wrong board if if you think we can stop him now if he was doing something in violation of the WW protections act then absolutely we could put in specific things we can do to

prevent that but we can't stop him from building we just have to make sure that he does it the correct way with respect to the existing Wetlands that are there that's all okay young just name and address so my name is Linda and I own 57 could you come forward a little more absolutely absolutely usually a loud talker so um so I own 57 Frederick Street so I come to his Board of years in the past

because I had really bad backup where I had to put in almost like a rip wrap to maintain my house from flooding because of all the backup behind where the sale was supposed to be so that actually had to get partially reshaped and filled in so to speak with rip wrap to prevent it from flooding my house um so I created a little bit dug out a little bit to create

another sub area to kind of hold the water in because the original 50 the soale never flew it never went to where it was supposed to be so my concern with this in I'm going all 100% do with water so um this is Yep this is my house right here so it is it is does cut this is where it goes right now and where it was supposed to be um however with this

being higher I get nine houses this being higher there's going to be a sub right and then you're going to fix this so essentially there's going to be two fixes one for these nine people and one for us correct okay so with that being said is this right here is now going to be our conservation l right from what this is saying no that's that's where the Line is now that's the Line is now but

that doesn't but that doesn't show the Swale that used to be there right and the Swale that used to be there stopped halfway through my property before you came okay it went all the way through so the first Swale to get filled was your neighbor that's why your Swale didn't drain yeah but there these never drained so Paul Paul was right behind was part of this never drain to begin with so

everyone had like a basic well no no you were you were going to have water sitting in that swell all the time it's it was a wetland and then as soon as so it maybe it had to get up to 6 in or to 10 in or 12 Ines of water before it continued to flow then the homeowner to the north of you filled it without coming to this board you made

modifications to it without coming to this board you were given an enforcement order calling your attention to this to this day you still not resolved that your attorney Marsh had contacted me a year ago I have the email um asking me about it and I gave him all of this information about the swes being filled and that we were working with the applicants on a solution and that we would be in touch soon correct it's now

been just about a year later we still haven't heard from anybody about their filling their swes in so you still have an open-ended enforcement action that was that's not your okay that was that was Ted by y'all and this solving of this issue because I was contradictive to the water problem that was flowing into my home I was protecting my home which is gives me legal standing to protect my home because the water but

you still need a permit to do it and you guys said we are going to table it right so so that you had the ability to come back yeah but you guys never gave me ability in or denied ability so you've just let it sit I such a thing it has no no no no I mean as far as trying to remedy the situation yep I haven't I haven't tried to REM because

if I can't fix the bigger problem because I asked to fix the bigger problem you all told me no because Jay told me I wasn't here but what I what I found from the minutes that wasn't the case no that that but in any event you still have an enforcement order with regards to filling the swell and your neighbor will be getting one soon again after this meeting again I asked that we're going to resolve what

what what what these gentleman can do and then we're going to deal with the rest of the Swale next but you're asking us to go back to how it didn't fix to begin with the original soil did not work and if we revert to everything that doesn't matter if they didn't work or not they were a wetland and you filled them without a permit regardless of it works for drainage purposes or not you

you can't just fill so let soal to me in this if your house is currently being flooded and you have take emergency repairs are you going to come to the board that sits once a month um after putting in all your paperwork probably about four months post for emergeny repair yes mons you could to wait four months while your house you could have filed immediately at the same time you

were doing it did the lawyer filed you you were given an enforcement order you didn't file but let's keep like I said when I started this discussion I wanted to keep this discussion to the project water but now you're getting loud with me and now I'm Mr because I'm trying to solve the I'm asking how this is going to get remedy if the original s did not work this drainage design as I said at

at the very beginning is to also Short Circuit the need for that other additional swell so the water will now be able to continue continue through their drainage system at their cost to eliminate your drainage issues that's what I'm asking so if you want us to all revert back in there's now the additional Swale we're still going to have the initial flooding to begin with from that sale not no because their

their new swell and their Pond and their drainage system is going to eliminate the need for the conveyance of storm water from Bronson Street North through the back of your properties and as I just said the conveyance of storm water is one thing filling a wetland and the purposes of the Wetland being there are something else so we're going to deal with the swells on the back of those

properties at a separate time excuse me can we to talk about your your when you file to come in and see us we can talk more about your property right now but the this is our main concern a sale is to convey water right from one to another correct but it's also a wetland okay so I know we've heard this but you can file and come in in front of

us and then we can talk about 57 fragrance we're talking about this I am talking about the storm water not just necessarily my address right so if we reop this this sale right the original that was filled in by the whole neighborhood because didn't work we reopen it if this gets fixed because all this because this is higher than all of our houses this all the waterers coming into that well all

this water will be coming into another Swale correct we create a second we all dig back up this that Vision F in create a third soil correct potentially right so where's that third sale from everything we just had to fill in to emergency fill our houses it's going to go backyard back into our houses that's what I'm asking we take out all of our SS again and as I stated we're going to

deal with those swes separate this applicant said I don't want to deal with their swes I don't want to force them to have them put them back I will take it upon myself to correct the drainage system that's what's submitted that's what this commission is to review there is no review tonight about you being required to put your swell back I said that from the very beginning right but

I'm asking even even even my swell their swells there's going to be three swells yeah but what he's doing is going to improve the street no this is the street right the street AKA these people right okay someone else way it floods yeah our our front all front too so are you going to fix that too when they fix Bronson are they going to fix all the flooding that things right to the Middle with Bronson Bronson

is is to be entirely regraded to ensure that all storm water generated through Bronson makes it to their new swell and their new drainage system that's correct and it's taken a year to get them to do that does anybody else have any other questions I don't want over blasting that's all I name and address angel9 I'm right on the corner of what's to beon Andi we have water that backs up

already it has gotten worse over time I don't know what's made it worse I'm not here to say what's made it worse or anything like that but my front yard gets all water the grass never dries there up to your ankles in water every time it rains them putting more houses I understand they're building catch basins but I don't think it's going to be enough to catch the water that's not going to be

um into the land and it's going to make the sale worse behind my house my backyard's already dipping I put a patio back there it's already starting a cut in the middle of the patio it's already stting to separate where it's thinking building more houses is only going to make the situation worse I'm right on the side of the house that's something 9 in his back deck is dips

like this they did all that to repair it and it's still it's because it was built in a pond and so was my house right right I can offer I've spoken with Mrs Rend rend's husband numerous times and he's been very accommodating and we've talked about the entire project and told him that this was coming a year ago we probably first started but but I know but I can't we don't have a meeting

until they decide okay we're ready to file so I'm glad that we're we're finally here you said that the back back area of our house is like 20 higher compared to Paul's house no the back of their land is 20 feet higher than now there was a guy two weeks ago that went back there with a van he got stuck right so what's and it's higher than and if

you and if you look at the plans that are submitted and the proposed grading they're not building this road or these houses where the dirt is now because it is wet they do have to build it up but the drainage system that they're being required to put in ensures that none of that water goes towards any of the abing prop properties specifically upgradient and then on top of that so right now we talked about the

existing Culver that feeds your Swale through Bronson and it's short circuited by the fact that it was that it was filled whether it flew or not at one point in time itow it was no I'm sure it was always full of water but at some point in time it would have overflown into the rest of the ditch that's why they put it there but as part of that this new design takes your Swale

and your Culvert puts in a new Culvert and makes sure that it runs through their drainage system and leaves out the North near the tele near the telephone lines so they're making improvements to improve your swell and your cover when you guys did Whitefield Street and you added a drainage system down at the bottom which goes right to behind our house Downs yep go swimming in our

backyard well it's a wetland so so it it is supposed to is supposed to hold water the water's not going nowhere it takes time right so the rainfalls that we've had over the last year or two we've got dramatic flooding everywhere that people hadn't seen water before so yes the drainage system when when we put Drainage Systems in we were stuck with where the road was left where they had

built it what the elevation of that Wetland is we required that the applicant show all of those catch basins that they installed in Whitefield those drainage lines those inverts and we they were required to do an analysis that illustrates that this that this proposal only makes that better it will not resolve it you're not going to have your backyards aren't going to be dry but by

the law they're charged with not making it worse that wasn't enough for us we we made sure that they made it better water a flow is that supposed to be on our property line yeah that was my next question well we were never told like our plans and their plans don't have the soil on them so we we were under the impression right so but but but I don't think there

were any site plans for your houses there's one for your house and if you want to see it actually I don't think you want to see it um almost your entire lot was flagged as well and and basically around your house um so that'll be the starting point when this board deals with that at at a separate time so as I said before the homes that were built on Frederick Whitefield and

Lynwood were done very poorly through the permitting process all built by the same person once that was all done and these problems arose the city then had to spend dollars to make whatever improvements they could to the drainage systems and even the paving we just finished Paving Lynwood a year ago with a develop was supposed to do that but no just but just walks away there's a

drainage swell that's supposed to run in between the backs of the houses between Lynwood and Whitefield that didn't get constructed correctly because that's supposed to convey water out through so is it's a it's a whole conglomerate of Errors By the previous developer and it's it's a mess and we we made sure that we let this applicant know this is not happening again and on top of that

we need to get whatever we can and they they've been great Partners believe me of doing above and beyond what what's required to they could have come in with a lesser plan we could have denied it they could have gone to D and got an approval then we would have gotten nothing out of them so they've been good neighbors good partners with trying to do what they can to eliminate or alleviate some of the drainage issues

that are going on in this entire area and they've been very good about it you said yeah the develop that did that that's the same develop that wants to build this y Chris Hawkins no I I believe they built a few of the homes but Jamie Duff was the developer for both Lynwood and and Whitefield put some flooding in that area because we because I'm sure the city at the time required

that to happen inst right and you would mention that if something happens to our foundations you go after develop correct but what happens when they close up shop well you always because that's what happened in the house this is the United States anybody can sue anybody whether or not there are merits so whether you can get blood from that stone is something completely different but but

there are checks and balances through the process first being the developer and then if it was found out that you know if the permits weren't issued correctly and trust me this this is why I deal with things the way that I deal with them is to make sure that the permitting process gets done completely and gets done correctly I was not here at the time I'm not opposed home so so

so there's going to be a chain of responsibility of course it's going to be the developer first then solution solved I don't care about the houses as long as they're single family owner occupied houses and it's not that big development they were trying to make well they're single family homes whether they're owner occupied or not that we don't know the water problem that's behind my house we've been dealing with

this for like six years I can tell you it will be made better no will it be resolved completely that I can't tell you now why can't the entrance for for those houses be off the main road why does it have to go down field so what again not a wetland protection issue but where Mari and Bishop Boulevard is actually a state highway the number of curb cuts and the construction activity that would have

been through all of the drive individual driveways coming out to that street with that kind of traffic would have created another issue again not a conservation issue but when they look at traffic speeds and safety this was the better scenario than having nine new driveways coming out on tomorrow at Bishop Boulevard on that curve plus the utilities and the utilities all the utilities come in back from from Bronson

and Frederick that there are no utilities out in that section of Marana Bishop Boulevard why not just put in like a sewer they are putting in no no they are putting in sewer but they're putting in sewer systems where no but the water run off from there they're putting a catch Bas in well they're putting so they're putting multiple catch so what the catch Basin does is it takes that water puts it in a

pipe and sends it on its way doesn't send it so that it sits in your backyard it's not a basin that's going to fill up as the water fill no no because it's going to have somewhere to go it the the design has been designed and reviewed and approved again water flows downhill so that's what these plans illustrate that you have a catch Basin with a rim in a grate you have a pipe that pipe has

the ability to flow downhill to this Swale this Swale flows downhill through this deten Pond to the outlet control structure still downhill and then into the Swale that's on the Northerly part of the property in all the respect just anything say I mean if if if you were to take your neighborhood and go back every house probably should have been three or four feet higher or not built at all or

not built at all but then so we're dealing with we're dealing with a piece of property and everybody says it it's ledge it's high it's because it's not a wetland the Wetland that they have is in that that section in between their property and the backs of the homes on Frederick Street so if the water situation gets worse yep what do we do well again we start with with the developer and then

they will not so one of the conditions that that we put in place is that all of this drainage work the street all of the utilities gets done before one building permit is given out so we can ensure that this drainage system is working corre directly that that that's one of my recommended special conditions of approval that we don't go build Eight houses get that far along the road and then now try to stop

building detention basins storm water management facilities so so we will know building I mean construction probably the entire project two years I mean certainly there's people that are come in Jeff Johnson I'm part of the JH holding um certainly the ledge removal we want to be responsible of about to the neighborhood and how that gets through and that part of the management and the

timeline winter how we doing seasonality but and then getting a house done and materials and like today you know what I mean I'm looking for Windows it's taking six eight 12 14 weeks just to get Windows so but I mean a couple years would probably be here there about it depending on obviously market conditions and how things go labor the kind of invariables I would say could you identify yourself oh Jeff Johnson what

Jeff Johnson I'm the manager you're homeowner there h no the owner of the his name is Jeffrey Johnson he's a manager of the LLC right that's what as theant was so it'll be at least two years before you guys solve the water problem well probably it'll be two years before construction is completed I'm I'm assuming that they'll start this this summer there's not much to do right now but moving improving your water

situation well that's a result I have to do that that's first one as Dan mentioned and and I've already spoke to the other departments they're not going to allow us to do any building and so we do it and number two I don't I know what I've heard all the stories and been a part of previous development and stuff and you would mentioned uh my partner Chris Harkins is there he's um going to

be inv involved in the project in scale than he was in the previous projects but my intention is certainly to not create a situation for anybody else and or for me to sell a house to somebody that is going to open me up to a liability where in five years I've got somebody knocking on my door saying listen the right side of my house is 3 ft lower than the left

can you me make an appointment together to go for a walk I have no problem whenever you'd like out of curiosity those two years are up are you planning on dissolving the LLC the no I don't we have other projects that are currently looking for now I'm not going to I'm not going to say that the duration of the LLC and I'm assuming what you're saying is is ultimately the LLC devolves and then I'm

going you're going to have no recourse to come back to me is what is I can offer that this LLC is not specific to this parcel the way many developers do they'll create an LLC for every individual parcel so that they can dissolve and and be gone this is the same LLC that's done a number of different projects you know here Tian um it's been the same JH Holdings so and by the way

according to law I'm not going to get into overly the legalities you can certainly ask but if I were to act in bad faith just because my LLC doesn't there ideally I would be piercing some type of corporate mail Veil that would allow you to get to me there's I'm sure if you've talked to any one of your lawyers they've said that if I've acted improperly or purposely done something in bad faith

just because my LLC is no longer there the name Jeff Johnson is still a viable recourse if you coming after wanted to okay so everybody's had their chance to that's for nine single family residential units yes please s sale the only I will say the only thing that there will be is they will have to create a homeowners association association because it's a private shared road so there it's a upkeep

they'll have to I don't have the numbers until we've G through and um put together the actual cost of plowing maintenance so cutting grass maintaining the pond effect on us that'll have no effect on you it'll be the responsibility of the homeowners it'll be deed and put and legally drawn up in a manner that would take care of it and our my plan is to um we'll start off with a sufficient fund to carry for the

first two or three years my question was just quick and I'll let it done is when somebody mentioned about the traffic and then it said they didn't want the traffic go on marry Bishop Boulevard all that traffic is going to be Whitefield and it's going to be like a highway like I said before going to that one area going out to the road again we're only with Wetlands today I know that but this

all have to do with this whole well you can have that discussion you guys we got to get together yeah a lot of children right how many houses are on White Field Now 50 27 that's 27i and 27 yeah so who whoever comes out to White Field at Mar boulev all go out White Field so how many houses you figure about 33 so nine so nine more with families people have two cars these

are going to be families and they're going to have cars and they're going to have kids 18 20 cars bigger problem is that Hill coming in oh yeah that's a problem for everybody not the fact that there are nine nine additional homes and again that's this this project is being built completely in compliance with the zoning bylaw the applicant chose to to go a different route than what they were

originally doing and just do what's by right and that's and that's what they've done and to create a lot less homes really with just about the same amount of infrastructure and cost as it would have been to do the lodger development but this is what they can do by right following the the letter of the law for for every permitting portion of of this Pro process zoning Conservation

Commission building department site plan review they're going through it all how big are the lots they all all greater than 8,000 square ft minimum 8,000 8000t typically I think they're 9,000 to all the Lots on Lynwood and Whitefield all granted variances to be 5,000 ft or less I believe so this this project required no zoning relief they're being built in accordance with the bylaw which every home on Lynwood

and Whitefield did not I they're 8 to 8 9,000 the biggest one is is 33,000 and there's one that's 177,000 and it's only eight new homes CU they're getting rid of one like I said we have no problem building long the drains and that stuff and like I said I just worry any towards the back half because Le up toward the roads higher but like I said L of those

grains work and one toward the back sink and like was filled in like he had a problem because he was there for 34 years I've been there for 12 and I was there before and I saw all this stuff being dumped in and that's why the problem you looking at Wetland has backed up caused a biggest headache ever that pond was maining that water and it would flow a high level

but when you f that in that wasn't was develop so when that happened she this that was that all talking about WS we we do appreciate your comments and uh what we vote on tonight might not fix all your problems but it's not going to add to your problems with the new dra and stuff we'll deal with these includ because you

AT3 so anything I that would be that stretch how many catch Bas are you putting in I I worked with that Engineers but ultimately the goal is to build things up and as Dan alluded to earlier and key here is to build in a manner to divert water to a specified Place yeah so a catch Reon is to not get overly engineered about it like you said we want to put the water that's all here

where everybody's dealing with and move it to a place that is capable that's what I was asking about catch there's a lot of ways to divert water into areas that is going to manage it so where we put the cat exactly L the plans are available I'm sure if they're not make them available to it would help the situation because people catch basally the main doctor of them being all flooded on fedick street if that

doesn't catch well I mean you could play a lot of whatam what ifn I think I think has um leing Bas Lee into the ground whereas this is this is these are three sets of double catch basins located project that that can handle um most of the time it's going to handle 100 what the diameter of the pipe that's going through that property there are well they're all 12in pipes and then the outall I believe is

up around 18 18 would more be precise because the 12 in that could not handle a heavy range well all the 12 in does is get it into the detention Pond yeah and three three separate location so it's not three catch basins all tied into to each other it's a catch Basin pipe into a pond catch BAS

that's will Happ property up we we did work with it we had to John and the team had to pull as part of Paul and the team in the water management process had to do a St Water Analysis for the surrounding area and making sure that these pipe size could in 100 years and plus so there is space and understand the water T there you know that excuse me excuse me excuse me only

one talking at one time and if we could wrap it up we'd like to get back to our meeting we do appreciate your concerns and comments and we're going to take those into consideration when we vote on this tonight but we' like to get to that part I have a question uh for you what did uh mentioned on andm plan who's uh responsible for the operation maintenance during construction it's

going to be the the owner and the applicant and then once um once that the houses are sold as Jeff mentioned they do a homeowners association and that's a a deed requirement that they have to contribute to the to the maintenance of on both the roadway and the detention Basin all the infrastructure basically is on the home owners it will not be a city- owned project so they'll be responsible for cleaning the catch Bas

once a year I think is yeah that's typic difficult and then and then the um same thing with um the water quality inlets they'll pump those uh for the schedule of the manufacturer check the detention Bas and to make sure there there's no um erosion things like that to rip WP outfalls just to make sure the pipes is everything's flown you know you said the home is going be respons that Bas done

excuse me we're getting back to the meeting Council I've been a part in been a manager of Homeowner Association so just to be clear there is the full intention of having a full draft document of which is going to in typical in homeowner situations I've going to essentially run it until it's depending on the laws in States but typically it's 75 owners are moved into it anyway so it

would the ball would essentially already be rolling prior to anybody taking over that home ownership and there would be a schedule that would be in place saying you've got to do ABC here are the things to maintain typically what get what's happened in those situations is for a minimal fee they would reach out to a property management company who would then be in charge of doing all that for

a Nal fee so it's not typically the person on 1 2 3 four 5 six S8 sitting there and making the phone calls to oh hey go clean ours oh hey one of the street lights isn't working okay um the homeowners association so there's a condition of approval in the site plan review that that document gets submitted for review and approval prior to it being recorded um if if the board does move in that

direction they could also make that a condition that this board also review that um but it's site plan review is is requiring that already okay Mr chairman question you to j u the I thank you for your your hard work on this U you know I visited just to you know I visited if you saw a guy with a yellow bicycle jacket standing around in the rain there I was but I've been there

three or four times at least um the question I have is the the it's the drainage stuff has to be completed before construction correct satisfactorily correct correct completed completed and approved and you will be the judge of whether it's satisfactory myself and Paul ferland's Department who is the Department of Community utilities yes so does that mean if it's not it doesn't get built they don't get a

building permit until it's until it's fixed so will actually everyone including you and me will be able to stand in the rain and see if it works that's correct thank you a question for you Dan um it uh assuming this gets approved tonight uh and for the information the abutters what uh what next step does the applicant have after this so their site plan review um actual final approval

letter is drafted we're waiting to get through this meeting to make sure that there isn't anything cross referencing that we need to do or if you required them to change something we wanted to be able to incorporate that in that plan set and that approval so after tonight if you move in a positive direction the order of conditions will be issued the site plan review letter will be issued

after the 10day appeal period they would be able to to stop activity putting up Sil fence erosion control some land clearing some grading um so there there are a number of things one of the one of the items that they would need to also get resolved because of the Wetland alteration of that where the Wetland Crossing is they would either need to complete a 401 Water Quality CER certification with the

state or place a deed restriction that no additional Wetland uh is to be altered on this site you're allowed 5,000 square fet um for the entire site and that gets recorded in everyone's Deeds that buys the property so they know okay well there are no Wetlands there are no Wetlands on any individual lot except for the first one on the left so anyone out here would know okay you've already altered x amount of

square feet of wetland 5,000 is the limit so you keep working off that same 5,000 you don't segment it for a th000 projects so that that would be the next permitting hurdle uh for them to resolve that before they could actually start construction okay does anyone else have any questions I actually have one the current 24 in Culvert that was there what what was the condition of that was

that blocked off or was that flowing as far as I know it's flowing I mean I I didn't get to the cook Pond side of it but no do you mean the one that's under Bronson the one that's going to go down to cook Pond the 24 in one under the highway yes and also is that the one that is that cver responsible for all the runoff that's going to go into the

detention Basin and then that's the 24 in job uh cver that's there to take that water and and put it into the pond is that the way it works yes yes okay so is that 24 in that's there what is the condition and is that going to be able to H handle the additional runoff that we have here because I I'm thinking could this potentially if it doesn't work also flood uh Bishop Mariano

Boulevard because I drive by there often and like they said that you know you do get water coming up yeah so that that's my concern it's not so much also for the neighbors that are there but that's a main road what's what's I think Mar Io if I'm if I'm not mistaken that they um the shoulders might be a little built up there and that might be hold in the

water I don't well but but I would speak to the 24 in cver primarily because I have seen the end of that cver at the end of that sale uh it looks like it's flowing fine but it looks so it is I mean do we know I can't get to the other side then is that the city's responsibility to some question has been whether or not it's the city's cul or

Mass DOT because this is this is actually within the state highway layout that Highway layout there is 80 ft or 100 ft John it's ridiculously wide we've only got about 28 ft of pavement but the layout I think is either 80 or 100 so even half the grass area you see on the north side of this that's actually part part of the road itself um but what one of the conditions again that I put in

here was that what that cover get cleaned out so the 24in size of the pipe Paul ferland's office requ required that their analysis include can everything get through that they've submitted that information that's been reviewed and signed off on so the size of the pipe is correct how much of it needs to be cleaned or how it needs to be maintained we're at least going to we're going to

find out who's the responsible party um and then we can determine who's responsible for cleaning it for maintaining it so at this point we don't know who's responsible we don't because it may be Mass dos and then let me ask you this let's say there is failure on that pipe as far as as far as it not not allowing enough water to flow into the pond and that retention Pond there or

the the uh detention Basin overflows I mean I guess what I'm saying is the plan relies on the scul to work properly that's correct and the calculations that are provided for the size of that pipe the the 24in pipe is more than adequate now if if the RCP if the pipe collapses then the pipe needs to be replaced pipes don't want last forever no so there two different questions so

if we have a failure due to structure then whoever the responsible party is needs to replace the pipe whether it's the city or whether it's Mass do it's it's one or the other it's not some other entity from no knows where I'm I'm more concerned about what the history and maintenance of that pipe has been and if there is a failure what's going to happen to uh Marana Bishop Boulevard

is it is is it going to flood that that drainage system that pipe does not convey drainage from Mar Bishop Boulevard I know but we also have the new development on where the ledge is facing is there going to be any potential runoff from that onto the well so right now the way that ledge is and if you look at the topography the back 100 feet of that property flows towards Mar and Mara

Bishop Boulevard now into so you can see where that's depressed now gets pretty deep so there that that staying in place again the highway layout is so wide that that's just part of the roadway layout they're not touching that but they they made sure that they divide these houses from the roof line forward runs to their driveway into the new detention Pond from the roof line backwards flows to

the existing depressed area along the side of mar mar Bishop Boulevard which also flows to the same Swale it all gets to the same location all of the even the backyards here we we've um all the grading stots right at the property line even these backyards are all getting into these Bas okay so you WRA that around the last house don't even we don't dra for the entire area 100% flows to this covert under it

flows to the detention so oh no no I mean I'm trying to get back to this 24in pipe this entire area ultimately dependent that's what the main just like any other cover in the city yeah L yeah okay one last question can you illustrate where those catch bation locations are y this uh there's one go the existing conditions the the uh the road comes in here there's a high point

right about here and then we've got a set again right at um where August Street the street meets Bronson so there's a a double catch Bas in here and we continue further up the driveway we put another double Set uh double catch Bas at the intersection on the left and then this whole driveway basically the flow comes down the hill hits that driveway ends up in the gutter line and

we have our final set at the end of that um double another double set of catch basins there and whatever again doesn't get captured into whatever doesn't get into this is going to end up down into this and then whatever doesn't end up in in that is going to flow uh via a Spillway um off over the shoulder and into the Basin same thing goes for this dou set here whatever comes down here

and all the small storms up to 25 and in close to the 100 these basins are going to take it whatever it doesn't take there is going to flow via a Spillway a PVE Waterway into that Basin so we're getting a 100-year Storm into this Basin it's not going into the Wetland directly it's all getting into this Basin it's being attenuated we're controlling that flow below the Peaks that are there now

and then we're discharging it um via the outlet structure at the norly property line we're pushing all that water as far north as we can can I have can I have a question about that it's supposed to go it's going to go into the pond that's the end result so what happens if the pond is overflowing is it going to back fill into the retention and they don't even know

well on but that's my question if get to that's going to be in part of the conditions the cleaning that c so right but but talking future houses are built cook Pond is full and there's another major storm huge tropical storm 100 stor if the pond is full and we're having a storm is going to back fill the retentions I I think there's such an elevation difference here that that wouldn't be

the case the dra in the calculation the water department made us verify the capacity equip which is at 70% what we're doing is less than one would create less than 1% of the capacity of the all right Lo did you have any other questions no no further questions other I just again just to be clear this is not going to affect anything Mario Bishop Boulevard to your knowledge okay now you say this a stre there what

what how come that's not on your last project you guys were trying to do you had August Street going into Whitefield now you have it going to Fredick to Bronson so I think there were some other preliminary plans that they were going so August is a is a private way it's a street that they have rights to construct again the the utilities are located at the end of Bronson the water sewer cap is right at

the sewer stub and and the water to tie into that's where it was left at freder all right so the board has no further questions um I see one of the conditions of permanent Wetland delation are we going to so I think it would be important that we just demarcate the wetlands Flags as they exist in the field so that you know we do not encroach during the construction process all right so G I

have an order of conditions with the following special conditions uh attached uh permanent Wetland delineation uh Wetland signage at 50 feet intervals uh no building permit shall be issued until storm water management system roadway infrastructure utilities pavement binder is satisfactory completed checked by us uh no building permits until Mariano Bish covert has been cleaned with no all

debris removed to the satisfaction of the city of f Department of Community utilities and a 401 Water Quality certification or deed restriction required and then only if you wanted to add the review of the homeowners association documents before they get and review of the homeowners documents could you say that again all of it what the last part the last part about the home owners we're going to add in the

homeowners uh uh documentation they're going to send the draft homeowners association documents for your review before they finalize it and record it um I have a question on the special order conditions number three you said U Mr chair you said us um it was my understanding that Dan and Paul furland were going to be solely responsible for making sure that those infrastructure um improvements are working or is that

going to come to this body I guess what I'm asking is are they going to have another chance to come here to us and say yes it's working or no it's not working or is this going to be solely the decision of the city you can make it a condition that they receive a partial certificate of compliance for that work and then then they have to come to you so the applicant has to apply for a

partial certific apply for and receive a partial certificate of compliance for everything having to do with these items to you first before they can build a home the order of conditions overall still stand would still be then standing for the homes but you that would now have given you the opportunity to weigh in on so they would have to come here and this it would allow the neighbors

here to come here as well and give they're going to there there's no AB butter notification process for the request for certificate of compliance as we see so however you want it'll be on a public agenda um you know how the how that how people get notified of that but I'm saying at least it would give them a chance that they could come if they wanted to if they wanted they can come

at any meeting at any time to voice but I mean specifically specifically to this specifically to this right but through the entire process they can come at any meeting any time during public comment and make and make a complaint that you would then need to investigate so I wouldn't expect that nobody comes in until the last day when you see something wrong or you have a complaint

call the office get on an agenda get to a meeting call us out there we'll be inspecting stuff often um this Administration yeah might that wasn't always the case no and I I understand that but and that's why I could say I've only been here for a year and a half and and we've tried to make drastic improvements in how things like this get handled because they I can't say that they weren't always handled

correctly so we also add seven partial completion certificate when they come back finish the RO work partial y prior to the issuance of a building permit a partial C COC should be requested and granted for the sitei for the site something to that effect we that would make me feel better if that's there all right EXC so do we have a have a motion do we have a so moved okay second all

right roll call I I I I yes I I okay thank you okay next on the agenda is a request for certificate of compliance se- 24- 284 owner applicant is Curtis Mello project location 155 Leon Street ass map is 1- 26- 001 five by applicant who has requesting a certificate of compliance for lot one of the order conditions starting the following portion of work has been satisfactory completed so uh this is a single lot within a

subdivision that had an overall order of conditions is built off of Lewis Street which you all know is down near the uh the incinerator but extends towards um that portion of the quian river extension as it comes up so this is a lot in the middle of the subdivision had no activity on it uh that had anything to do with the issued audit of conditions but it comes out of the same

piece of land so what I recommend is that we issue a partial certificate of compliance for this lot only the applicant has never come in and filed for certificate for the entire subdivision which is normal course of action here we're trying to make that that change but this is for a lot in the middle uh that had no uh no activities on it that were governed by the order conditions but what happens is so that

that you don't know um real estate title attorneys um at the registry of deeds when they look up this deed with this guy's trying to sell this house it's still encumbered by this order of condition so it cannot be sold until it's released so it's impossible for this homeowner to go back to the developer and say hey you didn't get your certificate of compliance everybody's home on their

street so sometimes these things fall through the cracks by title attorneys that don't do their job but every once in a while you know we have a few of them that come through um so the technical way to resolve it is issue a partial certificate the remaining outstanding order of conditions still stands for the rest of the sub does anyone have any questions okay can I have a motion for partial certif

certificate of compliance for 155 Le Street only second roll call I I I I yes I I okay next is a notice of intent owner applicant Gregory Dome d project location 1191 Wood Street sors map is d-10 0063 filed by Outback Engineering in on behalf of the applicant is proposing an upgrade the the subsurface uh sewage Disposal system so that meets Title 5 local Board of Health regulations the entire system is located

within 100 foot buffer zone top of the back Bank of South L pond have any green cards in the legal ad yep so I'll just give you a quick little update on this this is a repair to an existing failed system that's located in the very front of the home um right along Wood Street all the construction activity is still maintained within the existing yard area in the front of the house so the house

is still in between the proposed new system and the Wetland um and it's in the very outside of the of the 100 foot buffer zone I would just recommend that you isue an order of conditions but we can listen to a presentation if need my name's uh Gregory Drake from OPAC engineering representing Gregory Dom um the applicant is proposing to you know upgrade his septic system uh to meet Title 5 and Board of Health

regulations and as uh Dan mentioned it's in within 100 ft of South wapa Pond um we have requested variances uh for the required setbacks of the property line and the the U house in order to get it as far back from the uh Pond as we can um we've proposed silt socks on either side of the uh house so that if there was any sediment or anything that might it would catch it and not allow anything

to go to the pond and um and once everything is complete it'll all be stabilized with lman seed and um and I'll open it up to any questions you may have on the project board have any questions okay can I have a motion to issue an order of conditions uh with the approval of the Board of Health uh has been adop obained motion some second roll call I I I I yes I I

okay thank you thank you motion are you going to subit with the Board of Health soon or yeah I believe I believe he is I mean still kind of saving money to get it going so it's going to take him a little bit but he wants to get all his approvals all lined up and as Nina stated we haven't received the file number for this yet so it'll be conditional upon getting a file number

as well motion to take seven and eight together uh move second thank you second I I I yes I hi okay we have receed a correspondence review and discussion of mass d new regulations large entity reporting requirements next one is a receipt of Correspondence review and discussion of National Grids FAA Beacon light bulb replacement on two existing structures can I have a motion to place on file motion to accept and

place on file second roll call I I I I yes I I can I have a motion for approval minutes from September 1123 second roll call I I I I yes I I and then no public input motion um do you want to speak there some more it's open I always like to speak the floor is open if you want another three minutes go go that's what that that's what the last item is for so

if you have anything to add I mean I can I can tell you that that we've dragged them through the cols of doing everything that they could to make some improvements out here yes I what's that so the last thing I want to deal with is yeah no no I I understand and that's why I you know the conversations that we had I said resolve the drainage issues yourself don't because of immediately

they sto pointing their fingers at but again we don't even want to talk about that today so um they we got them to agree to if you want to move forward quicker take it upon yourself and they and they did that so let's see how that works first okay and then we did have one last thing we had a correspondent from the LSP document come in y um that's not on the agenda not on the

agenda so I would disc but we want to put it on next month's agenda yeah and do we want them to review further on that D um I think for the time being let's put it on the agenda we'll read the letter in and then we can decide what the next step is but any any one of you you know independently are groups of less than three if you want to

call discuss it with me ahead of time I can fill you in with with how we got to this point with this letter but with with them not being present or being requested to be here cuz we just got this today I don't think we should discuss it much right so could I have a motion adjourn motion made second I I I ajournal yes that's my favorite need a for that