11.7.22 Conservation Commission

welcome to the Fall River Conservation Commission meeting being held at uh Monday November 7 2022 at 5 30 in the first floor meeting room hearing room 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 attendants are therefore advised in such recordings or Transmissions are being

made whether perceived or unconceived by those present and are deemed acknowledged and permissible uh before we start our meeting I'll take a like to take a moment of silence for Ali who passed away last month who was uh instrumental in the bio Reserve so if we just take a minute just to remember Mr Alima

already uh roll call the spoil here James Hornsby here John Brandt Louis Ferrero Jim Cusick apology emerald and we also have Dan aguiar from the city planning patio aguiar assistant uh clerk uh Gary Leeds from Fall River TV uh first on the agenda old business request for certificate of compliance se-24-768 owner applicant is Highland Farms development 2 LLC project locations 48 Brookfield Terrace assessors map is

u-04-0062 filed by Highland Farms two LLC applicant requesting certificate of compliance at the time of inspection all work regulated by order conditions have been satisfactory completed uh this was continued from October 3rd 2022 meeting any questions from the board it was just I was out there today and they've begun they were almost done laying sod down so they just about the completing

the work so they are moving forward to stabilize and they've got you know final grading's done and they started rolling outside today and they were finishing machine okay um so how about we have a motion to uh table this matter to the next meeting which is December 5th can I have a motion second uh roll call vote aye Jim hi hi sorry all right all right yes okay next on the agenda is uh requester

certificate on compliance se-24-769 owner applicants Highland Farms development 2 LLC project location is 30 Brookfield Terrace professors map is u-04-0063 filed by Highland Farms two LLC applicable questions certificate of compliance at the time of inspection all work regularly by order conditions have been satisfactory completed this was continued from October 3rd's meeting Mr Chow can give you an update of where

we're at from our site inspections as previously stated the signage signage was placed the site had not been stabilized this was one that you remember was a swimming pool went in that had not received permitting from you last meeting you uh requested that we send them a letter alerting the the owner to that fact and that they needed to put together a new application for the pool that letter did go out I did

speak to her she acknowledged the fact that she was putting together a new notice of intent for the pool and I explained to her make sure anything that you want to do in the rest in that yard is shown on this plan and this was just towards the end of last week so I do know that she has hired the engineering firm to put that together so I would assume that they would be getting that

into us I did speak to Chris after a site walk today she has been moving ahead with having other work done in the buffer zones and walkways and Patio areas so um I guess we can deal with that when when she does file however you know I definitely would not sign off on the certificate of compliance and you can decide how long you want to wait for her to file should we have a motion to uh

just doesn't work what was that uh stop work um I mean you if you want you can make a motion or a vote that we send her another letter to stop work until that filing comes in if you would like to do that okay can I have a motion that we send uh 30 Brookfield Terrace another letter to stop work until she files a new nli motion a second roll call hi hi hi okay

uh three requests for a certificate of compliance se-24-739 owner applicant is cml2 LLC uh project location is 507 Alden Street assessors Baptist J dash 21-001-005 applicant requested certificate of compliance stating that all work regulated by order conditions has been satisfactory completed this has continued from October 3rd's meeting thank you previous to what we discussed at the

last meeting there were a number of items that had been missing I had alerted the owners to that fact at the last meeting you did not um required that a formal letter go out to them so my recommendation at this time would be to table it and send them out a formal letter with the deficiencies on the site so can I have a motion to send 507 Olden Street a letter and a table till

December 5th motion something second hi hi yes okay alrighty next requester certificate of compliance se-24-764 owner Appleton Highland Farms two LLC project location 221 Fieldstone Lane accessories map is u-04-0058 applicant requesting certificate of compliance stating that all work regulated by order conditions has been satisfactory completed this was continued two from uh October 3rd

again Mr chairman the letter went out to this landowner regarding the work that had taken place in the backyard and I just noticed that Gary Michael is here from Bristol Pacific so you may want to ask if anybody has anything to add or uh anything regarding any of these matters so no one reached out to me from either Department either the original landowner Highland Farms or the current landowner

so I would I would say that the next matter would be that you can either table the matter and sit and wait send another letter or send out an enforcement order okay would you like to comment on that um 221 the one with the outdoor fireplace and if it's an outdoor kitchen at this point yeah yeah I don't know what came about now that lot is sold completely yes okay yeah

so I I can attest that the work that's been done has been done by the new owner Bristol Pacific doesn't build these elaborate backyard patios and kitchens fire pits kitchens and everything else there's a hot tub out there now oh okay so I think that we need to probably they even have to pump the brakes on this a little bit yeah so what I would state is because the certificate of compliance was for

specific work through Bristol Pacific so I wouldn't say that Bristol Pacific is in non-compliance with their order the new land owner is a separate violation than from what was permitted so I would not close out the certificate I wouldn't Grant it okay but I wouldn't I would probably a little more strongly deal with with this new homeowner so stop and desist um well I can't tell you okay how to do it all right

um there should be something more I mean we sent the letter yeah if he stops and desists the work's already done so that doesn't do as much yeah and it seems like from the last time I was out there that the work continues so can I have uh maybe just send another letter enforcement letters yeah can I have a motion to send a enforcement letter to uh an enforcement letter or an enforcement order enforcement order the

221 Fieldstone Lane motion seconded aye Jim hi hi all right all right yes okay next is a request for certificate of compliance se-24-765 owner applicant is Highland Farms development 2 LLC project locations 245 Fieldstone Lane census Maps u-04-0059 applicant requesting significant compliance thing that all work regulated by order conditions has been satisfactory completed this was continued from October 3rd's meeting

so I can offer there's no pools there's no patios there's no uh hot tubs the rough grating has been done there's actually lone piles that that are sitting waiting to be spread um once that gets spread and seeded then then this site is it's probably the most simple one that we've had to look at so I would just recommend tabling it until that Lowman seeding gets done okay so

can I have a motion to table list of December 5th I'll make a motion to table a second okay all right all right yes okay next one is a requester certificate of compliance SE Dash 24-772 owner applicant is Highland Farms development 2 LLC uh project locations 35 Brookfield accessories map is u-04-0066 applicant requesting a certificate of compliance statement all work regulated by order conditions has

been satisfactory completed this was continued from October 3rd's meeting all the work has been completed the loaming and seating has been done and and a lot looks very good I'll make a motion to approve COC so I have a motion to issue a significant compliance second second roll call vote I I I yes okay next is a request for certificate of compliance se-24-771 owner applicant Highland Farms

development 2 LLC project location 11 Brookfield Terrace uh assessors map is u-04-0065 applicant requesting a certificate of compliance stating it all work regulated by order conditions have been satisfactory completed this has continued from October 3rd's meeting uh looks like all work is completed that's correct okay so can I have a motion issue a certificate of compliance motion to approve COC aine broke over I I

yes okay on to new business notice of intent is se-24-808 owners Robert Murray applicant is Winslow dresser uh Slash the trust uh project location is yellow Hill Road since this map is w-44005 followed by the trustees the applicant proposes an existing hiking trail to meet accessibility standards and install nature based children's play elements all workers within the buffer zone without any impact resource areas

oh how you doing good I'm Josh Hassan Foster and project manager for the trustees lizzo couldn't make it today so I'm stepping in all right you have your legal ad I do and what was your last name Josh passing Plus just the way it sounds yeah yeah enfus thank you so do you want to go through the plan or did you get out of your receipt cards are your mailings I just the um

just what I got at the post office you know the stand they're in there I think they're in the envelope foreign

so this property is part of the copper cut Woods reservation which is part of the bio Reserve um so this parcel that we're working on is adjacent to Indian Indian Town Road so the existing parking lot that Services copper cut Woods is the left ear and that's existing no no further um work is being proposed there but this will be a staging area in stockpile area um and then the Shockley Trail is the

trail we we propose to improve to meet accessibility standards so we did get a state Grant to do this through the DCR Trail grant program um so it's an existing Trail and basically we're gonna We propose to resurface it and basically um you know create a base of stone dust and a dense grade and then stone dust most of this chocolate Trail is within the buffer zone um the wetlands were delineated and

they're shown and the survey did pick up the flags and we have the buffer zone included on the plans um and then kind of the more interesting part of the project is we're planning to create some nature play areas so these will be elements like you know um a small tunnel you know different things that you know kids and young families can can interact with on the trail so those bump outs are are shown on the

plane there's I think there's four or five total so as far as tree clearing none of that there's only one area that needs to be rerouted to meet handicapped accessibility standards the grading we have to be under five percent so that's this area here kind of in the center of the trail but it actually brings the the trail further away from the resource so this is the existing Trail here and then this is the the

proposed reroute okay so that's the only only area and it's mostly brush I mean there's no no tree clearing okay planned and then you know this trail goes all the way out to Yellow Hill Road I mean this plan makes it look big but it's not a very long section it's about 10 minutes yeah about 10 minutes yeah it's a good estimate um so there's yellow Hill Road and then you know we're hoping that this will

create some interest for the buyer reserve and Coco cut and get some younger families out there kind of interesting the trail ends on this side which is kind of the the access point to the greater Biore Reserve so we think it's kind of nice and you know certain certain age groups might continue on to explore the fire reserve which is what we're ultimately trying to do is get more people outside so and we proposed

erosion control the whole way all right to what control erosion control uh erosion erosion thank you so Phil tracks nine inch contracts good have any questions yo Jim go ahead oh as you gather I've walked the trail once or twice or 25 times or so I have no idea um it's accessible now yes not not to degrading yes besides that one area but the mass architectural board and uh um the the um you know federal

guidelines for accessibility it needs to be surfaced we can't have the rocks that are accessible in the sense of wheelchair accessibility you know handicapped accessible oh that kind of accessibility yeah yeah I'm sorry it's the term we use all the time you know nowadays yeah so this would be wheelchair accessible oh I know what to mean now yeah but we'll you know we think of accessibility just

for wheelchairs but it's also people who have different kind of you know mobility issues and that's and even strollers you know so it's kind of we do a lot of the trustees with accessible trails and we find that it's not just Wheelchairs and stuff it's a whole group of people so okay and it does improve people coming yeah yeah and I think that's what we I mean we've discovered that in the past

have you yeah oh definitely yeah because it's but you're not going to okay that means you can do it in Yosemite you can do it here uh I you know I'm not it didn't occur to me that that's what was happening when I read the write-up I I should have but I didn't sorry I wasn't clear well I wasn't clear I know I didn't oh get it but do the best you can to keep it natural

is what yeah that's my pleasure yeah yeah so I should note too we're not going to dig at all we're not going to take any topsoil out we have some State restrictions due to some archeology resources so we're gonna you know kind of move the the duff material you know the pine needles and leaves off to the side put down you know fabric to kind of stabilize and then bring the bring the

trail surface up you know bulldozer no we're not going to no okay very light impact alrighty okay thank you sure no other questions can I have a motion for issue and Order of conditions with accessible uh standards and conditions so moved second pass for a minute I'll vote last I'd like to vote last okay Chris hi hi hi yes I abstain because I'm proud to be a member of the trustees glad to hear it

thanks for your support oh I'm a member too so that doesn't have to understand no you already voted too late I don't think it much matters on this one but uh I think uh I think my membership is what if we're voting 10 million dollars alrighty uh next is uh all right thank you appreciate it thank you I'm glad we're brothers next is a request for certificate of compliance se-24-252 owner applicant is Deborah

Deborah A Moses uh project locations 422 Mariano Bishop Boulevard census map for c-12-0001 applicant requesting a certificate of compliance stating that all work regulated by order conditions have been satisfactory completed is anybody here doing that Mr chair if you can um items number two and three can be taken together they are identical they were two different audit conditions you'll see a different file

number 252 and 253 but the resulting the resulting vote would be the same for both and I can explain that so if you just want to read um that you're taking number three at the same time okay and then we can move forward but uh we're going to take that number three with item two so I'll read three uh the request for certificate of compliance se-24-253 owner applicant Deborah a moat

Moses uh project location 422 Mariano Bishop Boulevard assessments map is c-12001 applicant requesting certificate of Appliance digging it all work regularly by order conditions has been satisfactory completed

so moved okay go someone has a second second okay um I I yes okay so what we have here is um it was a larger subdivision called Laurel Meadows residential subdivision that went well well beyond off of Mariano Bishop Boulevard there was a commercial lot up at the very top of Mariana Bishop Boulevard it used to be a real estate office it had been a few different things most recently I think

it was a dental office so this parcel itself had no construction activity on it that had to do with the order or the remaining subdivision it was nowhere near any of the wetlands but by title because the the whole order of the subdivisions have never been satisfied this lot is still covered by it so what I would recommend is that you issue a partial certificate and that would just

release this parcel title Wise from the remainder of the of the outstanding order of conditions so can I have a motion for uh both uh sc-24-252 and sc-24253 to have a motion for partial certificate of compliance and to keep the outstanding order conditions to remain in place oceans are made seconded roll call vote hi hi hi yes okay next we have a request for certificate of compliance

se-24-766 owner African Highland Farms development 2 LLC project location 273 Fieldstone Lane successors map of u-04-0060 applicant requested certificate of compliance statement oh work regulated by water conditions has been satisfactory completed so when we did a site visit everything is done completed Lumen seed done very well very neat there was one area where the the Excavating contractor encroached

on the wetlands a little bit a little triangle around flag B1 I met him on the site Thursday or Friday and he told me that day that he was fixing it as of this morning it was not fixed so what I would do is I would recommend that you table the matter we can send a letter out asking that that area be restored so fence pulled out Lowman seating pulled

out maybe one or two plants put in prior to the issuance of the COC okay so can I have a motion to send a letter uh people state that it has to go back to uh the Wetland alterations needs to be restored prior to the issuance of a COC before you vote you want to add anything to that no no I noticed it wasn't done as well okay okay so motion to table and send letter

so moved off seconded sorry okay roll call vote bye bye bye all right all right yes okay uh uh requests for certificate compliance se-24767 owner African Highland Farms 2 LLC project location 294 Fieldstone Lane uh systems map is u-04-0061 afternoon questions certificate and compliance statement all work regulated by order conditions has been satisfactory completed so this is as you first pull into the

phase two of the subdivision on your right hand side single family host House was built when you look in the rear yard you'll see where the Wetland signage is and the erosion control barrier there is an area of approximately 5 000 square feet of watering vegetated Wetland that was completely removed it's just bad dirt now um it's my understanding that the future buyer for the house went in and did this

work the problem being is that they don't own the house yet so the only party that we can actually send in enforcement action to would be the applicant who is Highland Farms Highland Farms could then go approach the landowner someone needs to file something of a restoration plan to restore this Wetland back to what it was which would require you know plantings as required through the wellness

protection act so the board can table the matter and send a letter out either requesting that a new notice of intent be submitted or you could file in enforcement action you know I think Gary would was going to push on these land or potential buyers they cannot close on this house until this gets resolved so I think that gives both parties an initiative to uh to get this matter resolved is that correct yes

all right so I mean a letter since Gary is here maybe just a letter at this point alerting them to the fact and that it's on paper you can you're going to push it back it's done yeah there was a purpose for clearing the clearing that land in the first place because I was out there today I think one of the guys that works for the same company is a brother or Beyond and he

just felt he was doing his brother in favor not realizing so as if a law and additional lawn areas yeah yeah and creating to try and get a flatter backyard okay well anything that anything that he does in the buffer zone beyond what was permitted on your plan right that requires a filing so yeah he hasn't finished so so what he may want to do is include so he's gonna have to submit a restoration plan

he may want to include what he intends to do in the remaining land that he has he can only go to where those signs are so he can't I don't want him to think he's putting the patio in the back area so can I have a motion with table and send the owner a letter uh requesting a new noi and restoration plan for the wetlands and any further work done in the area motion I just um

so we're not going to issue an enforcement order correct well you can in the letter you can give him let's say 30 days to file okay and then if he doesn't then the enforcement off you can you can modify that then that'll trip enforcement yes exactly so if you want to give them 30 days to file a new notice of intent if that's not filed then we'll issue an enforcement order

you can modify the motion to do such and the notice of intent would include restoration of the five thousand absolutely yeah yeah so we'll amend that motion by ordering 30-day notice so hold a second okay roll call vote bye would you we're we're doing what Chris said yes we're sending a letter we're requesting a new noi a restoration plan any further work done and he has 30 days second you're voting aye aye

aye rather aye I mean that's what I meant to say I just all right I'm tired the election's tomorrow yeah

your neck is a stupid compliance se-24 770 Highland Farms development 2 LLC project location 14 Brookfield Terrace census map is u-04-0064 applicant requesting a certificate of compliance statement all work regulated by the order conditions has been satisfactory completed so at the time of inspection the site work was not completed the final grading enrollment seating still needed to be

completed I do have a schedule of when that one's going to get done okay so I would recommend that you table the matter until the work gets done all right can I have a motion to table motion motion at the table second dude hi hi hi yes next is a request for certificate of compliance se-24-140 owner applicants Thomas J Costa project location 169 Wilson Road APO 3191 North Main Street assessors map is

t-25-004 I play requesting a significant client state it all work regularly by work conditions it's satisfactory completed so it's a little bit complicated and it took Patty some research to get to the bottom of this one she did a good job of digging through these older files so there was um an order of conditions issued to the home that was constructed at 3191 North Main and that's the file number that you see

a few years after the people had built and moved in this was a very large lot that went extended well off of North Main they actually cut off a piece of the wooded area to the rear of their lot and combined it with a lot that comes off of Wilson Road so added some backyard to this existing house on Wilson Road so what happens is now when they do a title

search and most of this stuff that this is usually driven when someone's refinancing or selling and you have a very competent attorney that goes through and looks through the history of the land involved and this is what happened here that piece of land although it had nothing to do with the construction and they cut it off of the piece that was constructed and conveyed it to the lot next door that square

although it's just a wooded square is still governed by this file number so they're not asking for certificate of compliance for the home and the work that was done it just takes that square out of what the order covers okay that's also again it would be a partial certificate with regards to the to that partial only and that the original order conditions remains in place with an outstanding certificate of some lines

what have any questions on that so can I have a motion for a partial certificate of compliance and to keep the outstanding order conditions to remain in place motion issue of partial certificate of compliance a second hi hi yes hi hi Craig okay passes uh next uh receipt of Correspondence review and discussion of Waterway license applicants for Maria reconfiguration of zones located at 600 uh Duval Street can I have a

well so what we did was you may remember maybe two meetings ago you approved through the issuance of an order of conditions the uh the floats that were going to go around the city Pier the process is once they go to chapter 91 licensing they then go to the next level for licensing and they one of those things is they have to send notice to all of the municipal agencies and Boards so this is

your formal notice that this is before the chapter 91 there's nothing being constructed different than what you had previously approved so the planning board got one everybody gets one but you just happen to be the agency that issued the original permit that allows them to go to chapter 91 so the recommendation would be just to replace it on file unless anybody in the audience has a comment

no that's not why okay so we're gonna have a motion to waste on file motion to place it outside second it hi hi hi yes uh discussion on Bell Rock Road Wetlands violations you here for that one he's watching you guys oh okay so um right I'm assuming that we had a call or a complaint about what's what's going on at Bell Rock Road no I went up to the

site oh you did okay followed up because we've had yeah they failed to come to meetings in the past so yeah um and I wasn't sure so how compliant they were going to be so yeah initially when I first went out there with Caitlyn in March February whenever that was well I think the letter went out in March so it was probably December yeah the conditions are exactly the same

as when we were out there so the the drainage system is plugged up and there's obvious um sedimentation in the two the two very small Wetland areas but um some of the um erosion control was failing and is obviously that they're being sedimented from the construction they took they're taking soil off site they bring the soil in to take you they have caught their Excavating Stone things like that and it

20 God I don't know how many trucks it was seven trucks just when I was up yeah this has happened a few times when Caitlin young was here we issued a uh uh I went back through the file so I wasn't involved in this back when you guys were dealing with it in March um and but what I did find was daniosa was who appeared before you so he's no

longer with that firm but I went through the file actually there don't know if Patty did you give them no all right what I did was I downloaded pick one and pass it down I downloaded some aerial photos of what of what occurred in March and then what was on as of September you see the dates on the top of the plans so I will offer that they have done some loaming and seating and stabilizing to

the north of the site yeah but when I went out there before I even printed this when I drove out there this morning um it needs some attention in a number of ways I don't know when the last time you were there Chris but there are now there are a number of piles of dirt that look okay but there's a new section a new maybe a dozen trailer loads

um that's a little iffy as far as Woody debris um maybe stumpish so it's not you know this is not a stump dump so you do need to take some type of action and notifying these people because when you look at the letter and the enforcement action there were certain criteria and different timelines for different restoration items they have not met those um one the other thing I found is

there was an enforcement order issued I do not see that it was ever recorded at the registry of deeds um so you may want to take new formal action and and follow-up I mean it's horrible that we're now at this late part of the Fall because you're really not going to get much restoration out there I mean for me this should have been a you know like a a trap Rock Construction entrance

for the first 100 feet of the driveway leaving the site it's not it's just bad gravel a number of the sections that were supposed to be restored at certain timelines specifically the little drainage soil that they were supposed to build was not done so I can't say that it appears they've done some loaming and seeding and some vegetation has grown in and some of it my biggest concern is that they've

excavated to the groundwater yeah and some potentially some of the material that they're bringing in is right at the right out where the groundwater is yeah so I don't know you know when they're importing material I I don't see anywhere where they were permitted to import material so what ends up happening with these gravel operations is rock is worth more money than dirt so they excavate Rock they crush it

different sizes and and that's how money is made again this was all filed under the guise of constructing three single-family homes I don't think that's going to happen no they they were actually appeared before us it was around that march to uh March or April appeared before us and said that they had scrapped that I think the return he was here actually yeah they scrapped the plan to put in the

three homes and then they kind of as an aside they said that when they were done with the property they were considering donating it to Audubon or something like that well that's really the only value that it has is donating it to the remainder of the what's the bio Reserve around them right exactly so but there is a lot of restoration work that needs to get done um to be honest with you a lot of it

really can't get done um vegetation wise until the next growing season however they should not be importing potentially suspect material and sorry for not being so you can see where March 23rd the wetlands versus March 10th and I did take a number of photos so this is you can if you want to pass that yeah that's has that been there a while that's new okay I was out there just by this

moisture content it seems like it's that's old now it's kind of shreds I wouldn't necessarily call it stumps however I don't think it's suitable materials to be now I don't know but you don't even know if they dropped it off there this is no man's land where people see an opportunity well I can tell you it's you you know the the gates are in good shape the cable gates are in good shape there

was no gate I drove in today with no Gates there was no cables because they do have cables yeah no nothing okay no I drove straight in there's no erosion control around the street which is one thing you at all asked for um there's no it's still coming out of the street oh yeah the last time so I took a number of photos it definitely looks different than it did in March but I don't think

anywhere near to the point of what you asked so even this corner like that's now being filled in and sloped down so there is no water here anymore all the water is down you know in this middle area yeah so yeah another year well even from today like this is not water this is all filled in with dirt so same thing they did here like they start at the top of

the slope and come down you can tell they're starting to do this here my main concern was this material that they had around the water part of it yeah Dan is it within our ability to request where if they have documentation of where they're imported absolutely maybe yeah absolutely or you can tell them to remove it well that's not the kind of feel we uh yeah anyway that would be suitable cover at the end of your

restoration when you're in a wooded area to disperse Woody debris and mimic what the Forest Law appears like but to bury that potentially I mean unless they think that they're at the grade that they're going to stay that site can't be left as low as it is with groundwater being exposed so so as a course of action here just send another letter or is there something more we could do because I mean well

we've sent letters in the past that's what I'm saying this all and they they haven't appeared before us um are we going to continue to do that or can we take a little bit more action here I mean you can file in an enforcement order that requires them to file a complete restoration plan to your satisfaction within a certain number of days um and then we could potentially look into the ability of you know

and contact dep and see if we can get some type of fines or anything else working um but yeah it's obvious that you're being ignored and we have in the past yeah yeah they they fix it in a go back to the way they were yeah thank you okay so any further questions somebody I'm wondering out loud here um because this was subject to negotiation this is just a horrible mess uh this was subject

uh Jazz store is is absolutely correct and before that there was a woman whose Name Escapes me that owned it and that's for sure what Patricia Aruda was the original that's where the original plan which I thought at the time was a scam and um yes and she no longer is involved in it she she sold it I believe I don't know yes I I think I think yes we believe that's what the attorney said yeah

um I just don't want to uh I I absolutely want to enforce uh the stuff the the matters that we've talked about particularly the importation but but all of it I also want to be as let's see as nice as you can when you're telling people to do something they don't like because we don't want to mess up the gift either well what you can I mean that's you could again you can send a letter

requiring that they appear before you before the next commission and before the next meeting or at the next meeting and then if again if they don't appear at the next meeting then you have to take the next step which might be the enforcement on it so if you want to play nice then yes you can ask them to appear but I mean I can't tell you how to vote or how to even funnel before they

haven't appeared before I I want just one I want to send to the enforcement order but I want to set it as nicely as we can I I agree with what the Reverend is saying I think we should probably I know it's been a long ongoing thing here but let's just do the right thing if they think that they're gonna there's not much restoration they can do right

now but I mean it'd be nice to get them in here in here this side of the story and see if they're going to go ahead and do a little something and then you know that's if that doesn't come to fruition then you can take a little bit more action but I think what the Reverend is saying kind of makes sense you want to kind of play nice if they are going to

you know donate the land or whatever it is they said they were going to do yeah but they said they're going to donate it but this has been since March and well let's take how long do you let them just ignore us at some point you have to you know what's that when did they first file this this goes back to yours yeah um so this hasn't been something we've been

dealing with for like a year or two it's been I want to say the very first well the order of conditions was issued in 2011. yeah so it's been going back the but you know I don't think they did anything for a while but the the um the email chain of asking them hey what are you doing where are you at dates back to 18.

2018 when they were when you were first starting to ask them to come in so yeah it dates it dates back a few years yeah it would have been something we've been working and having yeah I mean I agree this is a mess but if you send him a letter now what are they going to restore going into the winter what's going to get done I mean that's the thing I mean we have

time here where we can bring him in here let him say what they got to say because it seems to me going into the winter now no matter what we tell them to do they're not going to have a chance to do it anyway there are very important things that they can do before the restoration yeah they need to get erosion control updated they need to remove whatever material you're not

comfortable with I you know I would say go out and take a look at it yeah and just let them because if you don't address it just three weeks from now you could find 20 more piles we're going to have six months of uh doing whatever they want so I think that first of all we need to be clear what they're bringing on to the site yeah you know because what what

happens with a lot of these sites is if they know they're gonna they know they're gonna put final grading and seating they don't care what they put underneath them we don't know where they're getting this stuff from um right it could come from anywhere they could be hazmats involved with it it could be you know I don't think that they that's the case but we have to be so I think we at least have to know

exactly what materials they're bringing on site or stop importing the materials to the site get a planning place and I agree with Paulo they can't there's not much restoration of seating they can do but but we don't we don't want the damage to get any worse out there yeah I mean so they're gonna we don't know what they're putting there so they could turn over toxic Lantos yeah unless we stop clapping down on them I

mean you know and cut their feelings so big you may want you know as Chris stated he thought that there was a gate a chained gate well it's not so that's what I'm saying anybody could have gone in there and got rid of these X number of loads of dirt and again I'm not saying that it is contaminated but to me it is not suitable material to to use as fill directly adjacent to exposed

groundwater I mean it should be clean clean fill that they're bringing in so so maybe a uh a motion for a uh a nicely Written Letter of let's see if we can enforcement order and uh 30-day notice of uh Wetland uh restoration plan we also need to understand what they're bringing onto the site right yeah emphasizing that's the key point and that's also asking them to get their uh to come in and meet with us yeah

as far as what you want in that restoration the meeting will be the time for you to condition whatever you want we'd like to discuss it with you and a lot in the meantime don't bring any new stuff I think they should well they can they can submit a new noi or they can do it in response to an enforcement order either way but I also think if they don't appear at the next meeting

then it needs to be then you know we can give them an opportunity to appear but they've not appeared in front of this commission we should tell them that we should tell them I know but I can send the draft letter out to you all before we send it so that way thank you you can determine

you know I move for the letter so you can make a motion I don't know I don't know is there a motion on them make a motion for a enforcement order with a new noi uh within 30 days and uh uh request uh Wetlands replication and what is being dumped on the site I make that motion into a pay okay before us next year in front of us second Jim yep second I I

yes okay so to be clear formal enforcement order asking them to appear before the next meeting file a new noi within 30 days right nicely done and and with the dumping and we need to know I'll let them know that the commission has questions with regards to the imported fill material make sure that you've addressed that and your notice an intent okay okay okay so that includes we do have next uh we

don't have to get into this too long tonight uh but we have two examples uh MACC uh as a wetland protections bylaw and then we took one Jim gave us one from uh water Watertown yeah uh what I would say is we should take these home check them over uh see what we want to put together uh I didn't get a chance to look through I know one thing I think we should have tree protection

in there um that's something that uh some communities have gone with and um I think with all the forestry we have it should be included in there gives us a little more you know Hands-On uh do you have any questions discussion what we like to see or looking at what you handed out here that we got today and I was reading by laws for me being five or six other communities and it basically all the same

you know if you're looking at regulations and definitions and everything you know depending on the community they may have something a little different like I saw a Fair Haven they were contacted by the EPA about you know wanting them to put something in yeah you know maybe because they have more of a active Waterfront than we do I mean it's not like we're Reinventing the wheel we can copy from towns around

us uh I know we got a big river front so we want to make sure that's protected so uh it's just copy pasting and uh putting it together I mean like some things that we don't have uh if they come back before us there's not another charge uh you know fees and stuff you know that's the other thing that we you have to add some muscle to some of these a lot of money not that

everything is money but when somebody comes before us four or five times and we only accept one fee you know yeah so those things to look at you know what I would suggest is now that everybody has something to start looking at stop putting together you know the the items that you think you would want to include and again we talked about starting small so once everybody throws all of their eggs in a basket you can

then look at all the eggs and say okay when we start this off let's let's do these three eggs first because you understand that this this has to go to the water department this has to go to the city council I mean this isn't just you coming up with a set of rules and so you don't want to make something where the city council said no we can't take this jump you know it's just it's too

much or whoever needs to look at this whether it's the law department or anybody else so it's good that no one have in your mind you know the things that you do want to add in but I think what's important is like we said the general framework so see a framework that you think is similar and then we can have you know a bylaw drafted you know what it is drafted and send that through the

Law Department to have it have them look at it there are people in the Lord Department that have crafted many of these and different audiences in BioWare specific to land use so I think if we can lean on them to help us through this process I know when I was ticking my course the reason behind local bylaws is to have temper growth we have a little more control of how

things are developed so we don't want to make it hard for somebody to come in but we want to make it where it's at our pace and we're just not gobbling up open space and yeah but it also I think will warn people ahead it will tell people ahead of time and also you know I've looked at this partially I looked at the one from Watertown on actually there was a hunt for it because I

started thinking of places that have Rivers that was the first requirement so I guess Fair Haven was a great world fair even though but I grew up in Cambridge at least until until I it was my son and I didn't like theirs then I thought and I talked to a friend who's actually on the commission and what was on the Commission in Watertown and he sent me these this is all fairly recent because I

and it seems to me after looking at several of them like you did that one of the issues is how far is the buffer zone and how far do we do we have a no build Zone yeah those are two for example Cambridge has 25 feet as we do um Watertown is 50 for a no build oh these are I think and these are the these are two of the important areas not

not for the whole thing but in terms of where people should build and what should we protect um and uh so you can look at them I have not really looked at this particular draft here on that's what I'm saying it'll give us time to and this comes from where that comes from Mass Association of conservation commissions yeah yeah that's what I thought that's what I thought you see on the right Caitlyn's comments to me

anything Ah that's what I couldn't understand me um with respect to what may need to be changed or changing yeah okay yeah right okay fine thank you Chris and I did not I had not seen this when I got this and sent it out so we have two I'm not necessarily advocating for every I do not suggest that everything we that they do in Watertown or well I just thought it was a good example here

well the Watertown includes fee structures based on development based on Project size and things like that which are awesome I don't know about that the one you did with Caitlyn some of the things in here a word for word what Seekonk has yeah so they must have been used when Mac did those they were promulgated to all municipalities went with that rather than working on their own I haven't read with them yet I

just got them today so yeah all right so when any other more discussion on that or we'll keep it on the agenda we'll put it on the agenda on the agenda for next month and we'll just go over again and so we come up with something you know we'll keep right narrowing it down yeah and uh go from there that's good uh okay last thing is approval minutes from September 26th 2017.

and October 3rd if I could continue

make a motion Nick accepted 26 September 26 minutes second on that 26th

the 26 was a special meeting yes does it say it on the music not there okay who was I you were here I don't remember you can table it and we can check okay was that the special meeting so when we come back with the next minute in two weeks yes no I didn't I just forgot it okay I have a motionless table I think it was Louise yes us three yeah so I'll

just you know what I'll go ahead and approve the minutes if somebody wants to I mean did we already I would wait let Patty check and then put on the minutes so we're running out of time so the only Innings have been three meetings or three months whichever comes first yeah all right so then so then the first one that you want to deal with do you know

who was here it was yeah it was a three yeah that's fine then you guys can play so uh approval of the minutes for September 26th and make that motion I'll second it and then um we'll go yes roll call all right so that takes care of that that one's done next one you know abstain abstain yeah all right now the October 3rd meeting which was last month which I was here yeah I was I think

everybody but what was all right yeah so can I have approval for the minutes for October 3rd meeting motion to approve minutes to October 3rd second hi hi yes okay we're all set motion to adjourn there you go oh one more review and discuss 2023 meeting schedule everyone's I'm okay with that they're also losing this one okay all righty the only one that sometimes becomes debatable is July because it's July 3rd

any citizens you can give us a good Yelp review if you want Curry Pizza so can I have a motion to adjourn uh well did we approve the emotion approved meeting schedule cell moved second I no you don't like the meeting I don't like the July 3rd date okay we have at the end of June you don't have to come yeah wow see I normally go away how do I bring this stuff upstairs

okay well thank you don't just missed the meeting okay but I'll still vote no okay all righty yes thank you yeah I guess thanks okay all right so fine you can always change it yeah

being adjourned