11.3.25 Conservation Commission

Uh welcome to the Fall River Conservation Commission meeting being held at uh One Government Center. Uh it's Monday, November 3rd, 2025. Uh 5:30. We're at the first floor hearing room. Uh pursuant to the open meeting laws, any person make an audio or video recording of this public meeting or may transmit the meeting through any mediums to therefore advise that such recordings or transmissions are being made whether

perceived or unpersceived by those present and deemed acknowledged and permissible. We'll start with roll call to my left. Chris Bole here, Lewis Farah, John Brandt, Jim Kzer, Carly, Tim McCoy, and we also have Patty Aguar, recording secretary, Dan Agriar, our conservation agent, and we have Craig from uh Forward TV.

Um, first, uh, review and discussion of Bell Rock Road. Uh, we have no update on that so nothing new. Okay.

Um, make a motion at table.

Second.

All in favor?

I I Okay. Uh, review and discussion adopting fee structure.

Nothing new to add on that, but again, if anybody wants to schedule a time to go in to come in and read through what we had discussed before. I think that was the last direction.

Yeah.

Um, I am available. Can we take a look at our bylaws without necessarily looking to um change the fee structure or do they have to be No, they can be separate.

Be separate because I do think we're we need some bylaw changes.

Okay. All right. Streamline this process going forward.

That's good. Yeah. We'll just I'll make an appointment.

Okay. Start hashing it out.

Motion to the table.

Second.

All in favor?

I Okay. Uh review and discussion outstanding enforcement orders.

Um nothing new to add. No new orders.

Everything is in the process at somewhere at some point different locations. So nothing new. Have a motion.

Motion to table.

Second.

All in favor? I I Okay.

Uh next notice of intent SE-24-843.

Applicant is Marco Fritz. Project locations 565 Detroit Street such as map is Z-27-0042 file filed by Farland Corp on behalf of the applicant. The applicant proposal to install ingground pool with concrete pad and pa patio. Uh he did send an email requesting to uh table the matter. Do I have a motion?

Motion to table.

Second.

All in favor?

I.

Okay.

Next is a notice of intent SE-24-847 applicants John Henry uh owner Ar Hawkins and Whitfield LLC project location 121 Whitfield Street assessors map C-17 lot 0024 uh filed by Sean Aworth on Insight Engineering on behalf of the applicant the applicant proposed construction of a single felony dwelling.

So with that, um, we did receive a request via email today asking that the matter be table.

Have a motion the table.

Make a motion.

Second.

All in favor?

I.

I.

Uh, next is a notice of intent SE-24-855.

Applicant Weaver Cove Industrial Park LLC. Project location is New Street.

This is map T-2 lot 00001 filed by Chris Farelli of Goldart uh Consulting LLC on behalf of the applicant. The applicant is requesting an applicant proposing the afteract restoration of an area cleared for vegetation.

So the third party consultant that you had selected has been coordinating with guard consulting and the land owner about the review of the line. I guess there was an issue with none of the flags or none of the wetland delineation that was submitted actual flags were hung in the field. So they're in the middle of dealing with that. So hopefully this week sometime they'll they'll get around to it. So Claire

Hogaboom from LAC who we retained her services um has been working with God directly to get that done. So nothing new to add on that. We still do not have a signature from National Grid as the adjacent land owner and we did receive an email from attorney Nyling um reiterating those and requesting that they're not be tabled until they worked out the delineation. Okay. So make a motion to be tabled.

Second.

All in favor?

I I Okay. Next is notice of intent SC-24-857.

Applicant is Benjamin uh Phillip I mean Liberty Utilities owner Spectrum Reality uh project location 994 Jefferson Street assessor's map is B-20 lot 00002 filed by Ryan Elharding of Trimon Engineering on behalf of the applicant. The applicant is proposing to install 222 1/2T of 4 in carrier pipe and 2in gas main uh through the means of horizontal direct directional drilling. Project

also includes an entry and exit pit. Uh this was requested to be tabled by the applicant. Do I have a motion?

Well, I don't know if anybody's here. I don't believe there is. So, this is one that was kicking around with a number of presidents from Liberty Utilities going back and forth with some emails. We've still never gotten a revised submission that addresses the initial. So I'm by no presence here tonight. I'm assuming that they're requesting it to be tabled.

Okay. Recommend that it be table. Nobody hear that. Do I have a motion?

Motion table.

Second. All in favor?

I I uh next is a abbreviated notice of resource area delineation SE-24-860.

Owner is uh George Matto Mount Hope Bay LLC. Project location zero Birch Street and 1205 Bay Street Cessors map H-17 0019 and 0025 filed by Jonathan Murro of Beta Group on behalf of the applicant.

The applicant is seeking to confirm boundaries of bordering vegetative wetlands.

Mr. Chairman, members of the board, uh we're here tonight uh following up on the ENRAD and following up on uh the last meeting where a couple of questions were asked. Uh the invert or steel pipe that's located on the drawing uh the pipe was already has already been located in the drawing, but we didn't have the invert at the time, which we do now.

Um is it the 30 in?

This is the 30-inch steel pipe. Yes. Uh the other question that in fact you brought up, Mr. oil is is uh where does the water go?

Mhm.

And uh we're here tonight to tell you we don't know where the water goes.

So uh in fact Dian had sent us a drawing of the culvert down there uh today as as we speak. Uh we tried to get the drawings to you. We didn't get these until today because we're trying to make sure that we had everything on. It took a while to get all the information. Um let me let me back up for a minute. the steel culp according to uh the drawings we've got

from the city uh from our art research Brad Travis is here from water engineering uh that there's a connection to a manhole in the street right now in Bir Street and uh there's a new a new line a combined sewer overflow uh sewer project it's I'm not sure if it's funded yet or if it's going to happen but it's it's going out to bid as far as I know to get

done. On those drawings, it shows a 30-inch connection from the property to be reconnected to the to the uh storm system. I can't we George is here. He he did uh with his crew, we did a lot of die testing. We can't see where that water's going. There's a manhole on top of a manhole. We have a picture of it.

Uh Brad will show it to you. Uh it's very difficult to get in that manhole.

the the somewhere along the line, Bird Street was raised and they stuck a an existing manhole. They stuck a pre-cast manhole right on top of it. Cut a hole in the bottom, jackhammered it out, made a hole. It's dangerous to go there. You'd have to have, you know, rig. You couldn't send anybody all the way down there. But we did uh we did find it. So historically and and according to the documents that the city

has and that we could find there is a connection in that street. However, I don't think I don't think it's it's there's something there's roots there's problems with the pipe. At some point we would come in here to get an IDA. Uh after we get the NRA and and come back and get some permission to clear up and see if we can trace that pipe physically and and look for it, you know, maybe put

a something in in the pipe. And we've got a guy was going to come down and do a camera. he couldn't get to it. He needs more clearing at the pipe. So, that's a situation we have. We'd like to work with you on that. Um, but right now, the next question that came up was what's going on with the culver.

We'll give you some information. Uh, let me just summarize it. There is no culver. It's all silted in there.

There's uh there's there's nothing there. There is a culvert structure there, but it's it's way below ground.

Uh so we don't know what happened historically at one time. What what who did it? Who filled it. It looks to me it says uh silt according to Mr. Mr.

Travis, but it looks to me like it was filled for some reason. Maybe maybe the railroad filled it. Maybe they're worried about it. Maybe the the culver itself. I've done this in the past. You got something that's collapsing. You just fill it up to keep it from collapsing. So that that could be what happened. Long story short, uh the majority of this zone that we're talking about is not even on our property. It's on

somebody else's property. And to that effect, when George went down there trying to uncover a manhole cover, he was stopped by the gas company. They don't want anybody working down there because they got a gas line. So, uh he we I think I mentioned at the last meeting, we're going to need permission to get into some of these properties.

And uh I'm not even sure that we have to figure out what happened in the past, but if you want us to, we will. Um I guess I'd like to turn it over to Brad Travis from Ottoman Engineering to let you know uh the extent that he found u uh elevations, conditions, and he's got a pretty good history of it. And I showed him your drawing. Thank you, Dan.

You sent it to me. I I just showed it to him. We have that information. I only came across it because they're actually asking to extend that order of conditions tonight. So, in looking at that, I said this might be of some help.

Yeah, it well, it's of some help. But, u I think Brad can answer it better than I can. I just want to give you the the kind of the background story of uh we can we can answer a few questions, but where the water goes is a tough one. So, I I don't know how we're going to figure that out. But, if if it I'll I'll finish with this. If it if there's a connection

that's already there to the storm system, we will reconnect it uh or put a gun around it. It shows a lateral being placed in the street for that connection. So, I think that might be an answer to how we can handle the the water in the stream. Okay. Now, I'll turn it over to Brad.

Sure. So, how you doing? My name is Brad Travers. Um professional land surveyor Massachusetts and Rhode Island, president of Waterman Engineering. Uh I'm pretty familiar with the property.

We've been doing work out there since 2017. Um, and I can I printed out a few prints. Uh, if it'd be okay. I'd like to show you some photos and stuff like that. Um, so I have the overall plan.

Uh, very similar to the plan. You probably saw at the last meeting. I wasn't really privy to some of the last meetings. I know, uh, George has been here a couple times. Uh, I did I did watch, uh, the recording of the last meeting just to kind of get a sense of of, uh, you know, what was what was going over. U but I can explain some of the work we did since uh you know the

last meeting. Um so let me turn to uh kind of a blowup. This is this is the overall plan. This is where that sealed culvert is the 30-inch culvert. Uh we did shoot an invert elevation 2984. Uh the pipe does head in this direction kind of towards the corner of the garage um and and heads towards this end of the street. Um kind of give you a little history of the property.

I do have a photograph that's from 1939 of the property uh just after the the 38 hurricane. Uh they did some aerial photography. Uh that garage right there is actually the garage that's still on site. Uh so it's pretty it's in pretty rough shape. Uh you know, kind of don't want to go in there. Uh most of the time I've I've been on site. You go in that building, there's probably a foot of

standing water uh all over the place. Um you know, that that that covert is flowing. uh and the manholes in the street. We've opened all the manholes in the street. Uh the ones that we could find, uh those are flowing. Um you know, I'm I'm of the opinion that it's tied into the city drainage. Uh we didn't find any kind of uh outlets on site anywhere. Um we didn't find um any kind

of outfalls at the beach. Um, you know, we did actually, uh, back in 2017, we did locate that stone culbert under the a blow up of it right there under the railroad tracks. Uh, and I do have a photograph of that. Um, at the time, uh, I mean, you can see the 20 contour. It's kind of like a hole in there, uh, with a low spot in the middle. Um, you know, at

the at the time, uh, this was around 11.8. Going out was around 11.5.

that grade's up around 20 now. I remember when we were out there in 2017, you could walk up to the railroad tracks and probably 10 feet above your head was the top of of that railroad wall. Um, and you can you could see that culvert.

I don't know the size of it, maybe a 48 inch culvert, but there was probably only about six or eight inches of it showing. I mean, it was all silted in.

Uh, you couldn't even uh get anything uh underneath it. And I have some photographs of that. Uh, now you go out there uh and you can you can stand at the top. this rip wrap that that that travels that whole area and you can pretty much sit on that railroad uh track wall when before it was you know 10 feet above your head. Um so you can see you know that was 2018.

Uh our survey was done at the end of 2017 or so. Uh we show the gas line. You can see in the photograph here you can actually see that stone right there.

That's the cover uh that goes underneath. Uh and then in around 2019, you can see all that rip wrap in there.

Uh so that whole area was all filled in along with the grades within Birch Street. A lot of the manholes we show uh on the plan that are offsite uh towards the water are actually well below grade now uh by by some areas by feet. Um, so, so you know, stand standing on that culbert. I mean, just to give you an idea of what it looks like out here.

I mean, this is some areas you're on your hands and knees crawling around.

Uh, a lot of construction debris, you know, concrete slabs, piles of asphalt, you know,

kind of everywhere on site. You can see some slabs here.

You know, some areas on steady ground.

You know, you're not really sure if you're going to take a step and go up to your waist and in in uh debris. You know, some areas, you know, aren't even it's not safe to to walk.

Just slabs of concrete everywhere. I mean, this is all just stuff laying around that's now all overgrown.

And that's throughout the entire site from one end to the other. I mean, it's just, you know, if you were to shoot topography out there, you're not even shooting grade. You're shooting the top of debris materials that really just need to come out of there in order to to actually be able to shoot those elevations.

Um, this is the manhole behind the Jersey barriers. Um, so there's there's there's a manhole on close to being on site. It's tough to tell if it's on site or if it's within the street right away itself uh in this area. It's shown on those uh those city drainage plans for the sewer separation for the CSO project. Um you know, we staked out the location of that manhole uh for them to kind of poke around and

see if they could find it. They weren't able to find it. Um looking in the manhole behind the Jersey barriers, I mean, that's that's what it looks like. Um, you know, there's a pipe that comes this way, a pipe that comes this way. These are the two pipes from the catch basins in the street. Uh, and supposedly there's another pipe that comes from this direction. Um, but this is this is kind of, you know, atypical

that, you know, usually that's nice and wide open. You can kind of see what's going on. It almost looks like a structure was put on that like uh Fred said, and kind of just smashed out the middle of it.

Um, so, you know, I I I think I I think the whole purpose of of this in general, I mean, this is just to give you a sense. That's some photographs of that gas pipe from 2017.

Uh, that rip wrap and the grade that's out there now is, you know, well up in here somewhere. These these railroad tracks that that are there now, um, you can hardly find them now. I mean, you're you're up to to brush like this and a lot of this area has all been filled in.

Get a picture of what it looks like now.

This is This is what it looks like before. That's a photograph now. Same same angle. You know, you can't even see where that culvert is. I mean, that culbert's probably 10 people over in that in that location.

So, you know, the whole the whole purpose, I guess, of the AMRAD in general um is is you know, we intend to go out there and stake these 100 foot uh the limit of 100 foot buffer zone. Uh and the purpose of that is just so that you know, some of those concrete slabs and some of that uh you know, you can see on the on our current aerial photo, uh there's a homeless encampment out

there now.

And this is just all debris, clothes, shoes, shopping carts. I mean, you walk out there and you're up to your knees and just trash. Um, you know, not really excavation, but more just like cleaning it up, just getting that trash out of there so you can actually see the ground and and get to those graves. Um, you know, that 100 foot buffer, you know, is probably in here somewhere. Um,

so, so I mean if we verify the location uh with the ANRAD, I mean we can take that 100 foot buffer, the limits of it, you know, some of that trash and debris can get cleaned out. Um, I still think there's some utility investigation that has to get done. Um, but I but I know, you know, some some of those guys aren't cheap and to get them out there with their equipment, whether it's CCTV or

whether it's uh, you know, GPR, you know, you wouldn't be able to GPR over those concrete slabs and all that material out there. Um, so it'd be nice to get some of that material out there and kind of have a an area for them to be able to take that machinery down there and try to see where that pipe goes, whether it's from that manhole or or from that culvert, you know, camera

it. Uh, I know we we've worked on some projects in the past. They have uh, you know, some of those lines, they have cutters on them, you know, could be broken pipe, it could be root balls, uh, anything like that. They'd be able to cut through that and kind of see, you know, where that pipe heads. Um, but I I I think, you know, us being able to stake those buffer lines is important

for uh to make sure we stay out of the buffer zone with any of that cleanup and and and for those guys to be able to get in there and get get in there with their equipment and do that stuff.

So, that's that that's kind of the the extent of it. Um, and if there's any questions, I'd you know, happy to answer.

Any questions from the board?

Any questions in the audience at all?

Okay.

Um, Mr. Chairman, just if I if I may to uh the presentation he made kind of gives everyone an idea of the conditions we're up against. It's easy to say it, but uh Brad's been out there and and the photos are pretty indicative of what's going on out there. So, I I guess tonight I know we have questions. I'm not sure we can answer all the questions tonight about

the culvert except that in my mind it it doesn't exist as it looks looks you know we talked about it before and then I think I've answered the question about the steel pipe but again I don't know where the water goes. Um so I guess to wrap it up is to see if we can get an INRAD tonight to set the buffer zone. Uh I believe the last time we were here I

don't I brought uh Beta to come along if there's any questions on the on the wetland flag and stuff like that to answer any questions there but so so there's no question on the BVW line.

I've said that multiple times. What I did question was the presence of isolated land subject to flooding which we still don't know if it occurs or not.

Right. So even though there's not an open cover, if water is still getting underneath that railroad, it's still considered a cover and then that would eliminate the isolated land subject to flooding. So that's that's that's still a question that that we need answered.

The last meeting we also said come in with an RDA to do up do the cleanup and to take out vegetation or do whatever that you need to get in there, including inside the 100 foot buffer zone. We didn't get that.

No. So, we we gave you marching orders and we didn't hear back from you until today. Actually, I spoke to George last week.

Yep.

And we discussed some of these items.

One of them being Okay. The the manhole on top of the manhole. Did anybody hang anything of a camera, a GoPro, anything to get an idea of what's there? Or have we not even made those steps yet?

We we sent down there with a high powered flood light. The hole is less than a person can, right? But if you can hang a camera down, you can see if not hang a camera. We Why can't you hang?

No, they didn't. No, you didn't hang You hang a camera down on a rope or a string to the bottom of that invert. You can see what's in the bottom of that manhole simply. At least then you know if you're even close.

We could see the bottom of the manhole and there was water flowing which we're talking about. I'm sorry.

the water was flowing and we sent dye down to that what we thought was a connection and there was no dye in the flow.

So when you file an ANRAD and there are other resource areas, we we can't deal with that. Um if you need to get room to get in there and get a camera in there to camera the line, then that could be done through an RDA, which is what we offered at the last meeting, but we don't have that. So you could theoretically be clearing out there tomorrow if you had filed the RDA, but

we didn't file that. So we can't act on that in 2017 when you surveyed out there. Were any of those concrete slabs there then? I mean, I walked the entire site and it's not that bad to get around. It's bad, but I mean, I was I was there a week ago and I mean, I was on my hands and knees walking around through there.

Oh, it's not easy, but I had to go look at the line. So yeah, I did go. Um, I mean, 2017, I I know none of that none of that rip wrap was in there. Um, I do I do know uh, you know, we didn't see any standing water in that area. We didn't see any outfalls in that area.

Um, I know George had said that you found what you thought was something on the downstream side.

Well, this this is this is what it looked like in 2017 for that culvert. I can show you

That's the cover 2017 the top of it. So, so theoretically water still may be at least what do you think the elevation is of that now?

I I uh well the elevation of that now I I don't doubt is any different than when we shot it on here in 2017 which was 11.8.

And what's the bottom of the hole now?

That current survey the current the current survey I mean the low spot were probably around 15. So surface water I believe heads in that direction.

Correct.

So we we threw this rip wrap. There's still a chance that that's bleeding out because the land area is above the opening in the culvert over land. I think I think Yeah.

So you may not be getting the right information. Two complete separate issues.

One is the pipe.

Yep.

By no means do I think that pipe is connected to that cover in any way or discharges to it. So I think it finds its way to the drainage system. All we want to know is how and why because if it's not connected to the drainage system, I don't think the Department of Community Utilities is going to allow a connection afterwards.

I I agree with that.

So, I'm I'm trying to resolve some issues that that may rear its ugly head later on.

So, if we can find out where it is, then that resolves that issue.

I'm assuming that the the rip wrap pile water is still I was there right after a raintorm and the ground was dry. There's some leaf staining and but it's not holding water. So I assume that there's still some culverted connection underneath the railroad perhaps. Yeah.

All I want is some proof of that so that it's not an isolated land subject to flooding which which we have the invert from when we shot it in 2017. Uh it's the invert or the top of the silt.

The top of the silt.

The top of the silt. Right. Which is downstream from the hole now. So water water would still be flowing through.

Correct. So if on a plan you can show rip wrap and still show that the invert is still there at the at the whatever's little opening. Then you can say with a straight face that water is flowing down to this depression continuing flowing downhill to whatever opening is left after it gets through the rip wrap and makes its way out to the other side.

I can say that now. I agree with that.

Okay.

Does it say that on plans? Because I haven't received the revised plan yet.

We we have the I can bring it over to you. We do have the invert elevations on there.

Okay.

Um, so those plans, do we have any information on the downstream or you can't and does it look like there's still any way that water can get through or do they do the same thing or it's it's the same on the other side where it's uh it's silted in within 6 in to 8 in of the top, but we have an inward elevation of the top of the silt.

All right. So, I would recommend this.

You're asking that we approve an ANRAD so that you can mark a 100T buffer zone.

Correct.

To do clearing. uh not necessarily do clearing, but I would say clean up and then temporary construction fence.

So why not just file in RDA the way we requested and you can clean up and clear up to the wetlands line if it's truly all debris. That's what that's what we thought we were offering to you last meeting.

Yeah. I again I wasn't here for last meeting but but yeah no I I I understand and that can run concurrently with with this. So, I think if we get revised plans that illustrate those three items, you knocked off one with the invert, you can make an assumption or just throw a camera down and see if you're getting into that manhole will allow you to clear it even without issuing the ANRAD through an RDA.

I mean, I then you can go answer the rest of the questions.

We don't we don't camera lines, but I know some of these guys that do camera lines. I mean, they charge, you know, 3 to 5,000 a day to go out there and camera lines, you I I I I would just hate for someone to go out there and and and you know, run into a roadblock and and and there's an area where they can't access it and they and they won't go out there. Um

so what what kind of access did they need to get to to get to that 30 in to get to that 30 in?

Y uh I would I would say I would say at least cleaning up some of some of those concrete uh uh slabs and and some of that homeless uh debris that's out there.

So So filing and RDA may actually be an exempt activity under exploratory. Yeah.

um and get them in there to camera it because if if we find out it's clogged or completely stilted closed.

Yeah.

I find it difficult to believe that the Department of Community Utilities is going to allow you to connect to their CSO tunnel.

No, I I agree.

So, it it would behoove us to find that make sure it's clear and that water is flowing and it is entering the city's drainage system.

I I I just think the Anra would keep them moving, you know, would keep them would keep them moving as far as uh getting us to be able to get out there.

I mean, it takes us time on our schedule to to stake the buffer zones.

Well, we started this. No, there's no staking a buffer zone. It's filing an RDA.

Yep.

And clearing that site to whatever degree you want to clear it up to the wetlands line.

You could you could have had that permit tonight.

Yeah.

Or at least I I would I would have recommended that they issue it and on that we would have approved the BVW line and allowed that work to happen. So you still don't have the ability to go and clean within 100 feet of that wetland even if we give you an NRA approval for the BVW line only.

Yeah, because it'll be because it we can approve a wetland's line, but it's going to come with conditions that you're not going to want. So I would suggest that you file an RDA like I had recommended.

It was it was my understanding that nothing was being done inside that 100 foot buffer that everything was staying outside the 100 foot buffer.

But you need to get a camera to it. So do we need to do anything within the 100 feet or not? Are they going to jump over all the slabs for the last 100 feet? I I think they I think they're what they're going to do. I think it's kind of twofold. I think some of it is the investigation down here, but some of it is uh putting a construction fence

outside the 100 foot in order to store materials for his business.

I've already allowed him to cut outside the buffer zone to that up up top of that slope. Before he even filed, we met on the site. Yep. You're far enough away. Extend over to the top of the slope.

Okay. So, so he'd be able to put a construction fence out there with the way it's currently clear. We've already we've already had this discussion to the top of that slope because it was nowhere near the 100 foot buffer zone.

Okay.

And that was clear conversations that I had with both of the gentlemen.

I was under the assumption that was done at his own risk.

No, not at all. Okay.

So the the culverted work because you you're telling us that you need to go in and clean so that you can go get a machine to go do the camera testing so that you can answer our question about where is the Well, just to follow to follow it from the manhole heading in, not necessarily to go in here, but to follow it from the manhole. So you don't need to clear it

at all if you can get a camera down in the manhole.

No, I agree. Yeah.

So sending a laborer down to say, "Hey, what's down there?" is different than getting a camera test.

I was just thinking if if they were able to go 20 ft and then they have to go any further on site within the with outside the 100 foot.

Um you know, they might not be able to do that. I I guess if I may the the the buffer zone that's shown on this drawing uh it is it safe to say that you'll accept that buffer zone the way it is now the way it's drawn if it's 100 ft from the bordering vegetated wetland right and if there's a coverted connection it can't just be we don't know where the water goes and clarification that the

existing cover under the rail line still exists in some form or fashion and it's allowing water through so that we don't have an isolated land subject to flooding.

Okay.

I don't think I don't think my my questions have changed since the first presentation.

Well, no, but I mean understanding the the my understanding is and I I I heard your marching orders, but uh was sometimes not able to march for one reason or another, whether it's a misunderstanding or the fact that it's physically impossible. So if the culvet that you're talking about, if you're considering that a culpit, even though say it's a foot, the one under the rail line, the one rail,

if it's only a foot, let's say, if it's allowing water through it, then it's allowing water.

It doesn't have to be a cleared coat.

Absolutely not.

Okay. Well, which I think which I think we have that there are some coets that are stacked stone and it has to go through the crevices of stone.

Exactly. No, no, I know that.

So, so, so I think even even cammering that line, you know, is that worth it at this step? It's probably worth it to do the RDA be, you know, get get it get get clearance to to to clear further and then do the cameraing once we get the RDA. Is that understanding that right?

Well, you've got that right because I'm concerned that it's in my experience that there's something wrong in that line. Okay. Something's blocking.

So, we want to clean it now. Right. So, if it's collapsed, we want to fix it, right? So, in order to get to it, the camera might go down about 10 ft.

Yep. So now we got to still fix the fix the pipe, get to it, and see what really the blockage is. So So on the RDA, go the RDA, you file an RDA to do whatever clearing, right?

Whatever camera testing and whatever replacement of pipe that you need to do if you find a blockage or an obstruction or a break.

So include that in the proposed work.

Yeah. Okay.

That's that's easy.

Yeah. I I was, you know, the the important thing is to uh the area that we cleared that, you know, we you allowed us to clear is we didn't clear the 50ft mark all the way because we're in the 100 ft. It's it's kind of fuzzy back there. So, we left that alone. You saw what we did and we stayed in there. I'd like to have Brad stake out that 100 foot buffer zone.

Yep.

So that we can finish the clearing that we're doing. It's also a staging area.

But there's there's no there's no room in the yard to do anything.

So So just understand when when we say staging area, that water makes its way to the wetland, right?

So we we can't have silt and dirt and everything else washing down this slope.

No.

So clearing is one thing. Cleaning out the area, leaving it the gravel surface extended like yours is now. There's no pavement, there's no nothing. It's so that's we don't have of course you can go up to 100 foot buffer zone but we have that discussion already but that's completely different than reviewing an NRA for the entire property looking at all the resource areas and dealing with where does this pipe go

because if we find out that the block the pipe is completely blocked now we've got a different issue to look at going to replace it well fix it I don't know if you replace it but I don't know I mean again I think we talked about this last meeting 30in 30inch culvert conveys an awful lot of intended to convey a lot and it's intended. So the last thing I would want is to develop town houses and

find out that that's blocked downstream somewhere and then now you've got a significant rainfall event and there's nowhere for that water from that wetland to go that could be problematic down the road, you know, in in when you pro, you know, you're increasing impervious surface in the in the development, right? So that to me is is an important question for for for you all to understand prior to

the start of the project. I would think it would be for me. I know that. And well I I I and it's my my understanding was that we needed the ENRAD to establish these buffer zones. But if if you're comfortable with the buffers on this putting words if you again I don't have the plan but whatever the flag numbers are that are dealing with the upland portion of this site we'll we'll approve one tonight

just approving those flags.

Okay.

Sure.

That that would be I I just recommended not us staking the the buffer zone you know in that area because if we don't have approval of that that buffer zone well we'll approve the ENRAD of just those flags because what's going to happen is if we approve the entire thing Okay. No, we're never going to get answers to coverts. We're never going to get answers to anything.

So, I don't have a problem recommending that they issue a line from If you want to give me the plan, I'll tell you what flag numbers.

Sure.

You want copy?

Which flag numbers are we talking about?

B WF1 100 to WF1.

Which one's this says 1,12? But I think it's 112 11 right there.

We have a big idea. We'll get you.

So this is what you get approved.

So the upland side. Yeah. and that no and no determination has been made to any other resource area around the site.

So before and before you do anything down here, you got to file again.

But that works. Yeah, we'll do the So you can approve the ANRAD for flags WF1-00 through one dash. The plan again says 1,112, but I'm pretty sure it's supposed to be 112. That's correct.

which is just adjacent to the brick building. That's the last well flag on that side.

And that's to 112. 112.

Yep.

Yep.

Okay.

Thank you.

All right.

And then no determination of any other resource area on the site has been approved at this point in time. All right.

I'll make a motion to approve the ANRAD only for the um only for the line item of the uh wetland flags one uh WF1 through 100 uh excuse me WF1-100 through uh WF1-12 only.

Do we have a couple sets of the revised plan? So we have four sets if you want. We'll take them all.

Okay.

I was going to keep one for myself.

You can keep one for yourself. I can email you one if you want me to email you if you can too, but give me whatever.

Give me give me a second.

Yeah, let me keep one.

We have a second.

Second.

All in favor?

I I Great. Thank you.

Thank you, gentlemen.

Thank you.

Thank you. Sorry. Sorry we took so much of your time, but I appreciate it. And uh we'll get back to you very quickly on the idea.

Thank you.

Got the wheels in motion.

All right. And next up is notice of intent SE-24-862 applicant high development LLC uh owner P uh Porter uh Street Realy Inc. Project location SS Slade and WS Bay Street's map is H-17 lot 00002 followed by Jeffrey Tolman a northeast engineering consultant on behalf of the applicant. The applicant is proposing construction of a nine-unit townhouse development consisting of three buildings associated parking area

utilities on lot two as shown consisting of three buildings associated parking area on lot two as shown on the city assessor map 17 located on the west side of Bay Street, south side of slave street and proposed work is located in the buffer zone uh bordering vegetative wetland. So, while Jeff gets that up there um this this was table from the last meeting. As you recall, there was an

anrad previously approved for this with the wetland lines locked in place. The initial plan, we had a few comments. Um, I can offer that Mr. Tolman has responded to every one of the comments, submitted revised plans. Um, well, in advance of the meeting, was able to review them, reviewed the new drainage calculations, and I would say that it answered all of our concerns. Um, most specifically

making the 25 foot no activity zone, staggering the buildings down to eliminate the amount of 2:1 rip wrap slope, drainage calculations, soil borings, and testing that they went out and did. I don't want to steal Jeff's thunder, so I'll let him give some presentations so he can get paid. Um, I I have I have nothing else to add to it. I would just recommend I my recommendation would be to issue an

order of conditions. um special condition being site plan and review approval which should be pending any day.

Uh for the record, Jeff Dolman from Northeast Engineers and Consultants. And uh just to wrap up my presentation, um the changes that were made uh as Dan had mentioned, we did change the overall grading of the site up closest to uh to Bay Street. Uh we made that a little bit steeper to cut down on the amount of fill that we needed at the back of the property. And in doing so, we were able

to drastically cut back on the the rip wrap slope that we needed at the rear adjacent to the wetland. In doing so, we were able to maintain a 25 ft no disturb buffer. Um on the other uh part of this project off of Slade Street, there were no significant changes there. Um other than the fact that we did go out, we did um a test pit in the area where the drainage systems

going. um as a result of the um information we obtained there, we did have to add one additional cult chamber uh because the infiltration rate in this particular area uh was not as anticipated um as what we had up here.

The test bits that we did up at the top which we did three of them all revealed that the uh infiltration rate that we were using was adequate for this section. Um so we really didn't make any changes to the draining system in this area. So those were the changes that were made to the plan. Be happy to answer any questions that the commission might have.

How many uh test bits in this particular?

We did three in this location. We have three three different drainage systems.

Uh we have a rooftop drainage system, one for the parking area and another rooftop in that location. And on the slate street um area, we did one here in the area of the drainage system.

Okay.

So we have four separate drainage systems. All four had Okay. Anyone in the audience for this?

So, can I have a motion for order of conditions uh with uh condition uh site plan review approves?

So moved.

All in favor?

I thank you.

Thank you.

Next, notice of intent SC-24-861 by Wakosski Cal Calah of NEPC uh National Grid uh Weaver Cove Industrial Park LLC. Existing overhead transmission line RO um project location multiple locations filed by Erica Marcelo, power engineering consultant. On behalf of the applicant, the project is located in a section of existing rightaway from Sky Road station of Somerset Fall River municipal boundaries over Taton River.

Uh project consists of separation of existing N12 and M13 transmission lines uh structures within the existing rightway.

So this is if you remember the uh the power line construction that runs handinhand with the weaver scope. Um, and we had made it clear to National Grid at the time that the same way we need their signature on Weaver's Cove's application, we also need Wever Cove's signature on their application. So, they have not been able to provide that as of yet. I did receive email correspondence

from them today asking that the matter be tabled that they have no new information to provide at this time.

Okay. Is that the only item that's the only roadblock that they have or is there Yeah, I mean I I had I had done my review of it, but once I got that email, I didn't bother going through it with with my review. So, but fairly fairly easy one.

All right, motion table.

Yeah, a motion to table.

Second.

All in favor?

I Okay, next. A notice of intent SD-24-864.

Applicant Captain Joseph H. OConnell Company, Inc. Project location 180 River Street. Cessor's map is X-1-000016.

Uh applicant is seeking extension of existing commercial marina. This is table from October 6th.

Good evening. Sean Leech, Northeast Engineers, representing Captain Joseph Okonnell Company, Inc. Uh I understand Mr. Haggi was out of the office when we supplied the uh responses to his written comments of last Wednesday. So I understand that we're probably going to continue tonight. So but I wanted to appear just to make sure we've addressing everything that we can address or if there's any confusion from

the commission itself because I'd like to wrap it up with the next hearing if possible.

Uh this as you know is an expansion of the existing facility uh the captain of which is at the on the end of River Street. I think we're all familiar with where it is and what it is. Uh I believe some of the history was brought up in the last meeting, but I just want to go over it once again. Uh we approached uh we were approached to do this facility and it's on there's two

lots here. Uh Mr. Aar had had us label the two lots and this is the expansion is only on lot 16 for this particular facility and that's the way originally filed it. But I think Mr. Aguar had requested that we show the whole facility and both lots. uh as part of this application what we're doing is basically providing birthing slips and transit what we call transient bowling slips uh for the existing facility only

on lot 16 we had approached uh the army corps and waterways earlier because of the ancient license that exists for the facility to on the other lot and the confusion of what is existing what isn't existing and they preferred us to do two things one is come in with a comprehensive uh plan showing everything that's there and also outline a marina facility. I know it's a bad word, marina facility uh

with coordinates so that they can reconfigure as needed without having going back and forth to the Army Corps and waterways as it so we've addressed uh Mr. Aguar's comments. I know he hasn't reviewed any of them and I understand that but I just want to make sure uh there are a couple of things that are uh kind of unique to this particular facility. One is the river uh riverfront area. Uh we have

indicated the riverfront area to show the historic high water line uh because it's the most conservative riverfront area we could come up with. This is historic filling of the riverfront area.

has been filled for 100 years plus uh in this on lot 16 uh also on the jetty on lot uh 19 x 19. So we showed the facility I mean we're not working within the riverfront area. All this work is going to be below high water. This is going to be attached to the existing seaw wall which is at high water. High water comes about 3 feet above the seaw wall. So, what we're looking to do

basically is just get that part permitted and then we're going to go to the state and army corps to permit the whole thing as a comprehensive permit because they didn't even realize this particular facility had a license. Uh we had to send it to them and then they said anything existing prior we're going to grandfather so just move forward with the expansion and continue and license

whatever is there as one particular facility. So that's what we're planning on doing. We think that's a a good way of doing it because we weren't sure as far as approaching this commission how we should do you know what and also how we should license the facility since it is under common ownership although it is considered two separate lots so to speak questions then we have everything

so Dan they all these recommendations correct?

I haven't reviewed it to see if okay if those have been responded.

Okay.

I could glance looking at it I can see that that some of them have been.

Um one of the questions and maybe Sean can just answer this tonight on the northerly property boundary.

Why does the repairarian right not extend at the same bearing as the property line?

Uh there are two reasons for this. One is on a repairarian line you typically when it comes to historic high water and the best historic high water we had was an old railroad plan from 1905. Uh before that if anybody knew what was going on there I'd gladly take their input but it it's typically perpendicular to two things the channel line or perpendicular to shoreline.

Typically on the ocean it's perpendicular to the shoreline because there's no channel. this particular case there is a channel out there albeit as we've shown here 690 ft to the the buoy that marks the channel uh and there's historic filling on an unlicensed unpermitted facility to this north of us so they're actually sticking what I would consider into our repairarian right for the historic one if you drew

that line perpendicular to the historic water would go this way which would cut off the corner of that uh existing being solid filled jetty essentially. Uh we're not looking to that. Repairing life are are not lines of ownership. They're right to enter and access a property that is on the water. And there are several different ways of doing it.

There's no we try to keep back the required 25 ft from the repairarian line. But technically what we did was we the property line runs parallel or coincides with that solid filler jetty.

That's why I think it's built the way it is. Uh and from that point we go perpendicular to the channel.

So is there a channel?

There is a channel but it's not a uh army core or regulated channel.

So the one of the questions I will have is what what channel line are you drawing this perpendicular to?

We're drawing it perpendicular to the marked buoy channel out on right. So but that's not on here. Well, it's we had talked about I said if there is some channel line then at least show what this what this bearing is too.

So if it's not if it's perpendicular to the channel then just say perpendicular of the channel and then show the forcehortened line to the channel.

Okay.

Something like that. Otherwise it should be the extension of the property property line.

The line to the south is even trickier because uh well that one ended up being the same bearing as the property line. Well, it is because it's perpendicular to the shoreline, which is the historic high water that was filled in when they built River Street. The railroad when they built River Street to provide access for all these properties that are below the railroad to North Main Street, they

filled in the cove that was there.

Right. I'll review it and you and I can go over, excuse me, whatever uh whatever other concerns we have.

So that one I just turned to 90 off to street line essentially because the street line never really existed.

We should probably do them both the same way. Yeah. Not pick and choose which one's more advantageous. So it should be one procedure. We'll talk about well the idea with pairing lines is to give the same width you have on the shoreline to the channel. That's the goal. And in perfect world channels nice and straight. And if they're regulated channels you can do that very easily or

harbor lines you can do it very easily.

When you have a varying channel, it's hard to have to make it perfect.

Okay.

Anyone from the audience here on this?

You know, if I if I may, excited about this project, uh I've known the the family in the business for for decades.

Uh fantastic, hardworking folks. Uh you know, been on the water forever. Uh certainly certainly um familiar with the rules around the water and respectful of the water for Mohammed Harour Master down in Ma's vineyard. So, I'm hoping Sean and and our city engineer, Mr. Agot, can get to these sticky points as soon as possible so we can move because we're encouraging so much development in the

midsection of the Tat River corridor.

We've had success with entertainment and uh and water enjoyment in the south end uh south portion of the Tom River. And I think this would be exciting. And I've even had people at work, you know, who've kind of seen some of this in the in the paper on social media, you know, excited to to uh see this get off the ground and have something like this up in the northwest corridor of the of the

river. So again, I can't I can't stress if we can have a, you know, at least a solid, you know, get together, meaning of the minds, which I know you guys are both highly qualified uh and and uh and gentlemen who speak the same language and terminology with this. So, you know, would you please get get together on the sticking points and probably mostly procedural at this point?

We'll get there 100%. We'll get there.

But but understand the conservation jurisdiction is the wetland protection act. Yeah, that's where it ends. Um, so we are we are but a small cog in this entire in the entire and that's all we're looking at today.

Yeah.

Yeah. And I do thank you. Thank you for your time. No, I do appreciate it.

Well, as you can see, we do not want to hold this project up. We just want to make sure everything is understood. I mean, I was all dressed up. I had to come to a meeting anyway, so uh I figured I would show up anyway.

Uh uh by the time I saw Mr. Yes, email.

It's like, and I talked to the client.

She said, "Well, why don't you go just to make sure everybody's kind of there's no extra comments or other things that, you know, are going to dribble along the way. We'd like to get this wrapped up as soon as possible."

So, we just get the paperwork and we'll be all set.

Everybody's supportive at least a piece of the puzzle here.

And yeah, and again, addressing these things also protect the interest of your clients as well, future interest of your clients. So, we want to be sure it's done appropriately. And we're sure you've got the marine fisheries letter and everything, right?

Yeah. I actually brought that to everybody's attention at the last meeting.

Okay.

Um and so in the vein that Chris is bringing. So we had a very similar project for Bord and Light Marina.

Yeah.

And we made sure that the city was represented well and when this application because once we're done goes to to chapter 91 at D, um they understand that the city of Fall River did their due diligence and followed the Wilders Protection Act. Um this is not a rubber stamp. will be embarrassed by what someone submits to chapter 91. That that won't happen, at least not while I'm here. So, we will get there. Um,

I can't see why it wouldn't be resolved before the next meeting. So, I'll work with beginning of next week. Give me the this week to review it and then we can iron out whatever details we need to.

I'm hoping that everything has already been added here. So, once I get into it is on for a while, I can I can see it better.

All right. Can I have a motion to table?

Motion to table.

Second.

All in favor?

I I Thank you.

Thank you.

Uh next discussion of violation enforcement order SE-24-161 372 Steven Street table from October 6th.

So with that, I will offer that later on in tonight's uh agenda. you will see that an NNRAD was filed for this property and also a a request for certificate of compliance for the outstanding order. So, we'll deal with those when we get when we get there. I don't think we need to table the item because they're being addressed.

Okay.

Two other filings.

Uh discussion on violation of 394 Kilburn Street.

Nothing on that. We haven't received a filing on it. So, I did send I think to Chris. Yes.

Was it after the meeting some because we had just gotten new aerial photographs.

um of the area that clearly illustrates activity had taken place. Uh thus the violation. So we'll sit back and wait and see if something gets filed. Um when I'm in the area, I keep driving by and take a look at it. And a little bit more creeping is happening, but we'll Okay, we'll wait a little bit and see what happens.

All right, got a motion to table.

Motion to table. Second.

All in favor? I All right. Uh, under new business.

For new business, uh, commissioner, can we take, uh, item number six out of order and take that one first?

Second.

Second.

All in favor?

I.

Hi.

Hello everyone. My name is Matt Donovan.

I'm from Venice. Here to represent fuel list for this RDA. Confirm the accuracy of the maps used for vegetation management along the commuter rail rightway. This RDA is submitted to your commission every five years required by CMR1 and it's required to get these determinations before submitting the vegetation management plan u for approval to mass department of agricultural resources.

Vegetation management plan uh management manages and controls vegetation to keep the railroad and operations safe and there are regulations in place to keep the sensitive areas protected. Um these sensitive area restrictions are in CMR 11.04.

The maps we provide you with are mainly made for the chemical portion of the plan, but often dictate where mechanical methods will be used due to the chemical restrictions. Each year there are two main chemical applications. One in the May to June time frame that targets the roaded of the track and then one in the August September time frame that targets the brush and the areas adjacent to the

roaded um further away from the tracks.

Um the sensitive areas marked with blue and yellow on the maps are restricted from that brush program further away from the tracks and will only receive the roaded program. Um, so that's what I'll focus on as it's the only chemical application taking place in these areas of your jurisdiction. Um, the road bed application is performed by a spray truck driving directly on the track. Has

nozzles on the backside about 18 inches above the ground spraying the solution directly down extending up to 12 feet from the center line of the track. Um, certified applicator is always accompanied by environmental monitor familiar with site conditions and equipped with these maps instructing the operator as necessary. The applicator has the ability to turn off the nozzles um with the flip of a switch or in many

cases just the side nozzles where it's targeting the shoulders where it may be getting closer to the the buffer zone of a sensitive area. The yellow zones will never receive treatment to the shoulder.

Uh it may still retreat receive treatment directly down onto the ties.

Um and that's done at the environmental monitoring applicator's discretion to keep it within the the regulations. And the blue zones will typically receive the full road bed treatment at a one-year interval. Um you don't I don't believe you have any dark blue zones, but those would be like more water supply or DP zones uh that would receive the full road bed treatment at a two-year interval. But there aren't any

of those in um Fall River. In these blue and yellow zones, due to the the chemical restrictions, more effort is put into um controlling the vegetation with mechanical methods. Um, we are seeking a positive 2-way determination to confirm the maps as well as a negative two and three determination for the work that's included in the vegetation management plan.

Two questions. Yes. One, do you have a copy of the legal ad?

The I don't have a copy of it. I h I No, I have it.

Can you email a copy to to somebody's email address?

Yeah, that's what open here to show that it was advertised properly.

on the agenda tonight.

Then in the I think in the request it was to renew the 5-year vegetation plan which is set to expire in 2025 December 31st. So this was previously approved under an RDA 171. So are we asking for a new RDA or is this an extension of the old RDA?

No, it's a new it's a new filing. So it's not it's technically not a renewal. It's a It's a new plan that's going to be approved um by D. Just because in the narrative it said All right. So with that, I mean, I don't have an issue with it. Um but I would I would table it till we get an ad just so that everybody's treated correctly. You don't have to come back and send us a

copy of the ad. We'll deal with it.

Okay.

Internally.

Um so why don't we why don't we do that?

If you send us proof of notification and that the legal ad was placed. Um I guess I I Do you know if the legal ad was placed?

I don't know. That's up for the applicant to do. So it is up for Okay.

100%.

Okay. Typ we I I usually pay for them.

Um they usually reach out for payment.

You have to contact the Herald News that there's a a template, okay, to place the ad and you pay them directly, okay, like everybody else has. So if that didn't happen, then we can't act on it.

But let's get that resolved so that you can advertise before next month's meeting.

Okay. bring a copy of that and then we'll act on it at that meeting.

That would be my recommendation.

Um is there any there's no notification? There's no what's that?

Sorry.

Yeah, there's no other notification and all that. It would be exempt from all that. Um is there any opposition to the to the requested once once we get that settled out?

No, just a form. It's just a process, right? Yeah.

So process.

All right. So if you want email Patty she she'll send you the um template the form and the process that tells you who to call what to do and okay perfect care of that. Okay so do we have a motion to um table table or I would table till next meeting.

table four legal ad only because you don't know if somebody somebody will show up after you push the ad.

Yeah.

I thanks everyone.

So on just so that you know and I'll send you a copy of it. The previous RDA or the the previous DOA was a negative box five and cited the exemption.

Okay.

Yeah.

And that's why when I looked at it as extending that one because then tonight you said you wanted a positive a positive 2A with a negative two and three.

Okay. All right. So I don't think that was done the first time so it wouldn't be an extension. I'll I'll read through it again but just make sure the legal ad says what you want. and I and I'll go through what you submitted for a request.

Okay.

Okay. This next sure um you guys you speak so softly and so quickly, but I distinctly heard 372 Steven Street. Is that Did you guys already discuss that?

No, the the applicant asked to table both of those because I've asked for additional information.

Thank you for that.

Okay. Yeah, the wetlands line wasn't accurate or complete.

Uhhuh.

And then then then the plans that they submitted didn't illustrate that they were in compliance with their original order of condition. So they have some work to do. So it'll be back next month's meeting.

So does that mean we're going to get you will not be renotified? No.

No.

So it'll be what's what's the Monday?

December 1st.

December 1st.

December 1st.

Same room, same time.

Same room, same time. Thank you.

And if you want to call the office, we'll we'll let you know if we've gotten something in in time that we'll be able to deal with it that night. So hopefully safely seemed like there was some work that they did without it did and that's what spurred this all on. Yeah. So they they were given an enforcement action.

Thank you. Um actually, but those two items that they filed that they've requested to table won't be coming up to like four more items, but they're asking to table those items for additional.

So December 1st.

December 1st. Y okay.

And if you want to see what they submit, call the office and we can email you copies of whatever they send.

Okay, great. I even have an aerial shot.

Oh, we have plenty of them props. And it don't look like this no more.

Shame shame.

You don't even know what they're building. Like they don't even Well, from what I'm told, they're not building anything. It was for exploratory soil testing.

Yeah.

Um so we can only act on what they give us. But we're not supposed to be discussing it because the hearing wasn't open. But that's Thank you so much.

Y No worries.

You're welcome.

You too.

Uh, next we have a request extension of order conditions SE-24-741120 Charles Street. Anybody here on that matter? Um, I'll recommend that they issue a three-year extension to the original order. I have a motion for a three-year extension.

Motion for a three-year extension to the original order.

Seconded.

All in favor?

I.

I.

Okay. And just so you know, that's that was the Liberty Utilities that when I looked at it, it shows the covert that that that they were discussing. So I sent them those plans when I found them.

So uh let's see. Next is a request for certificate of compliance SC-24-759.

Applicant is Highland Farms Development 2 LLC. Owner St. Vincent Service Inc.

Project location Hayfield Lane, Brookfield Terrace, Sunny Brook Circle, part of Highland Farm 2, Assessor's Map U-4- Z001 uh U-5001 filed by Carly Sulkins so uh civil environmental consultant on behalf of the applicant applicant request a certificate of compliance 2022 there.

Um this is for the subdivision work anyway, right?

Um so this is um it's actually a partial release of the order of conditions.

Order of conditions for the entire subdivision dealt with an additional street which is Briar Wood Lane that came off of Courtney uh wetland replication area that was off of Courtney. Two separate developers ended up buying two separate halves of this subdivision. So this would just be a partial release for the roadway utilities and drainage systems associated with Fieldstone Lane, Brookfield Terrace, and Stony Brook

Circle. That was a work that was done by Bristol Pacific Homes. Um they're actually in the process of roadway acceptance for their three streets. Um and I explained to them part of that process, you should come in and seek your certificate of compliance now. So you are not giving a certificate of compliance for the entire order. This is only a partial having to do with those those streets and the utilities

associated with each. And then I put no certificate of compliance shall be issued for the roadway utilities and drainage systems associated with Briarwood Lane or the required replication area. So that the order will still stand for those two sections of the Okay. So could I have a motion for a partial certificate of uh Hayfield Lane, Brookfield, Stony Brook, and Fieldstone Lane? um for

utilities and partial drainage.

Well, without field stone, right? That's not no field stones in it. Hey, field lane change. The name changed to Fieldstone changing.

I'll make that motion.

Second.

All in favor?

I I Okay.

Uh next, notice of intent SE-24866.

Applicant is Sean and Laurel McDonald.

Location 128 Saudi Pond Avenue senses map D-23- 0007 filed by Gregory Driscoll Jr. on JD E Civil Inc. on behalf of the applicant.

The applicant is proposing construction of additional addition to an existing single family dwelling.

So before we start green cards and legal ad we got them all.

Before we get started and it's not often that I say this, this submission was Excellent.

Oh, I look the engineering was was excellent. Very professionally. Who's the engineer?

Very professionally done. Listen, he did a great job. What we normally don't see work at at this level. So, we appreciate that.

That's why I recommend approval. So, that's but that's part of it because no because all the all the questions are answered and it was done it was done well.

Thank you very much.

But we'll let you go.

Well, to start that uh my name is Amanda Langanger and this is Josh White. We are from JD East Civil in East here to represent Laura and Shawn McDonald's. Uh they reside at 128 Saudi Pond A. They currently have an existing single family dwelling. I know it says it's a threebedroom on the assessor's card, but it's actually only a two-bedroom. Um they have a disabled son and they want to create an addition to help

accommodate him better, give him his own living space, so on and so forth. Um the site contains offers on this very small patches of wetland flags. Uh the wetland line was delineated by Brad Holmes. I'm sure you guys are all very familiar with Brad Holmes. Um it is a budding Saudi pond, so there is um a little inland bank and there's also wetlands across the street, but that really doesn't come into play

with anything we're doing here. uh it is in a female flown uh flood zone A and based on the research that I've done and the previous las that have been filed on Saudi pond AB um we establish the BFB to be about 139 even though it doesn't call that out on the FEMA site um they have approved and removed quite a few structures based on that uh the 139 doesn't even

right here is 1396 just to give you an idea 13948 So it doesn't even come up on the property. The next go around once this is built is we're going to be filing the loan for them as well. Um we have included the uh sorry excuse me controls around here to help with that. There is roof drains directed into a small infiltration trench there.

The septic system is actually sized for three bedrooms. So, we're only adding one a bedroom, so that's not going to be an increase in use. So, we don't need to change the separate system as well. Um, so that's just going to remain as is.

And there's a proposed deatering sediment basin there. Uh, I didn't do a construction exit or entrance for this just strictly because it is a gravel driveway. So, it's already It's already making a mess.

It's already serving its own purpose.

Yeah exactly.

I have one.

Um, other than that, I mean, it's it's pretty straightforward. There's no proposed rating. It's going to be a slab. It's going to be set at the same elevation as the existing home. So, it's just going to be Do they have a basement? No. I was just curious. No.

No.

Okay.

So, with that, um, you'll see in my comments that I recommend the issuance of the order, uh, two special conditions, site plan review approval and border health approval. And I think I'm not sure who I emailed the site plan review stuff today.

Um, one of the conditions of that was it could you send in floor plans existing?

Yes. And we do we do have those and we don't need them here but three different Right.

You're going to see it two more times yet.

And you did just to answer your one quick question. You did have a question about the concrete cover back there.

Yeah.

So that was the old cesspool that was prior to these owners.

Nothing going into it. There's no laundry. There's no nothing.

Nothing. They didn't make them get rid of it back then, huh? No, no, they didn't. And it's it's one of the it's probably completely dried out there. I think um Jim the surveyor said that they couldn't even get the cover up. It's like a got it huge like you might want to just for safety purposes.

I mean it could very well be but they couldn't pop the cover to do it. So some two-legged animals will find a way to open it and fall in it.

Yeah. Somehow I mean well they have the machines out there. It might not be a bad idea.

Yeah. You want to see what's down there?

Sometimes they used to tie in laundry to those.

Yeah. That's, you know, and you want to be careful that it still isn't tied in.

Yeah, correct.

That that that that was my question, but again, separate agency from this one, but I'll end up reviewing it for the board of health, too. So, okay.

So, no, very, like I said, very well done. Appreciate it.

Thanks.

Thank you very much.

So, we're going to have a motion to order.

No, I don't know if there's anybody in the audience for or against anybody for Okay.

motion to issue order of uh order of conditions with the following special conditions. the site review board of health approval prior to the start of construction.

Second.

All in favor?

I thank you.

Thank you.

Hopefully you can come up in front of you again soon.

Yeah, I'll be smart in a uh next abbreviated notice of resource area delineation and uh SE-24-867.

Applicant owner is Russ Guerrero, 3G Reality Limited Partnership. Project location 372 Steven Street. Sessions map is E-26 lot 0001 followed by Sean Ainsworth Insight Engineering on behalf of the applicant. The applicant is seeking to confirm the boundaries of bordering vegetative wetlands. So we conducted a sidewalk um and even if you look at the plan you'll see both the northerly boundary line and the

southerntherly boundary line the wetland delineation falls about 100 ft off in both directions. Um so they need to continue those lines out and follow where they go. I did send a sketch today to the consultant where I think they go.

It's pretty obvious. There's been a wetlands determination on the property to the north. There's been one done to the property of the south. So it's just connected dots. So they are aware of the fact that they need to make uh those changes to the plan. With that they they requested to table the matter until they get that show in compliance. Motion the table.

So move.

All in favor?

I I Okay.

Next is a request for certificate of compliance SE-24-161.

Applicant is 3G realy limited partnership. Project location 372 Stevens C's map is E-260001 filed by Sean Ainsworth Inc. The applicant request of compliance.

So um same project you remember there was an outstanding order of conditions I forgot what year it was but it was it was quite a while ago um set of engineered drawings order conditions drainage structures to be built installed infiltration chambers. So they submitted a request for compliant a certificate of compliance form on it.

They checked the box that there were no engineered drawings which was wrong. So there were engineer drawings that requires a letter from an engineer stating that it was built in accordance with the plan. Then the plan itself didn't illustrate any of the drainage that was supposed to be installed as installed. So they have some work to do on that one. Although very difficult now to determine because it's all under

pavement. But there should be some effort that can be made to show that it was built. Otherwise, they can't get a certificate of compliance. So, they're going to work on that as well. So, with that, I recommend that the matter be table. And actually, we do we did get an email asking for it to be tabled.

Okay. Motion table.

So, you don't have to take my recommendation. You can just take that.

Most of the table.

I have a second.

Second.

All in favor?

I I All righty. Let's see. Next is amended order of conditions SC-24-8319.

Uh owner applicant Russell and Cynthia Petty. Uh project location 66 Shannon Street map is D-09-000089.

So this was you had issued an order conditions maybe a year ago uh for septic systems some work done in the rear yard. Um this is all on on what's up pond. Part of that was they were going to be tying into an extended water line in Shannon Street. Since that, the applicant has decided um and went through the board of health process already to install a private drinking well rather than go through the expense

of extending the water line up in the street. So that proposed well is fairly close to the Wata Pond. So I did ask them to file an amended order just so that it's common plan. Um, so they're asking for an amended order of conditions to allow that well to be installed. Mr. Baraby add anything that he would like to.

That's it. Bob Baraby Pro Engineering and with me and the owners in the back, Russell and Cynthia. Just like Dan said, they were going to put the water service in and now they're going to go with the proposed well. We had to set it back closer to the pond because the septic system is proposed in the further street. The house then abuts it to the right. It also has a well in the back

towards the pond and their septic systems in the front. So where we placed the well was to keep it 100 ft from those two septic systems. There's another septic system on the other abunding property which is closer to our well than the u 100 ft and we went to the board of health on that to resolve that issue and u I think we're all squared away with that. So, I did put

erosion control around the entire site towards the resource area. So, that'll be installed before the well gets put in place.

The only concern I have is getting a well truck back there.

Sure. It's going to be tough because the proposed grading I was expecting a plan to come in and maybe add some like a proposed grade change to level off, but be careful.

Yeah, we will. All right. I mean, you can level those things off quite a bit, but there's got to be what was like an 8 foot ele I'm assuming almost an eight foot elevation difference between the front of the wall truck and the back, but yeah, you have some work to do.

Okay. Okay.

Any questions for the board?

No. Okay.

Can I have a motion to amend the order of conditions to allow legislation with private drinking water?

So move.

Seconded.

All in favor?

I I Great. Thank you very much. Thank you.

And I did get uh old homeless. I'll get to that tomorrow. I was off Thursday and Friday, but we'll get to it and get these all squared away at once. All right.

Did you want me to pick that up and uh take it to the uh Not yet. I haven't reviewed it. I I wasn't here Thursday or Friday, so I did see it on my desk today, but All right.

I had 18 agenda items to to review for tonight's meeting. So, I'll get I'll get to it tomorrow for sure.

Okay. Thank you.

We can do I'll do it.

Yep.

Thank you.

Next, approve board minutes from October 6th.

Motion to approve.

Second.

All in favor?

I I Okay.

No citizen input. Can I have a motion to adjurnn? So move.

Second.

Second.

All in favor?

Huggy huggy.