11.7.23 Conservation Commission

welcome to the F Conservation Commission meeting being held at uh uh one government center uh first floor hearing room uh it's November 6 2023 at 5:30 um pursuant to the pursuant to the open meeting laws any person may make an audio or video recording of this public meeting or may transmit the meeting through any medium attendees are therefore advised that such record or Transmissions are being made whether

perceived or unperceived by those present and deemed acknowledged and permissible okay we start with a roll call Chris your end Chris Bo here Lis far John Brandt Jim Paulo amiral Jim horn we also have Dan agar acting a conservation agent uh Nina Pavo uh head Clerk and we have Gary from TV let's see new new business first on the agenda is a request for certificate of compliance se-

24761 owner applicant is uh Department of Conservation Recreation project location is copicut road cessor map is w-1 19-10 followed by the Department of Conservation Recreation requesting a certificate of compliance stating that work regulated above referenced order condition has been satisfactory completed this was tabled from our October 10th meeting 2023 so I can offer that um staff has

still been able to make direct contact with the applicant um with respon trying to get a response to what has been completed in their eyes and what has not been Chris has worked extremely hard over the last few weeks or even the last two months trying to figure out those items and I guess Mike um thank you for your Serv as well has been working with Chris to come up with a compilation of

of what these outstanding issues are so I think you guys are almost at that point of helping us along with that um so I think the recommendation at this time would be the table until we can get a presentation of of that information and then also again try and get them to respond in some form we don't even know person yeah because I guess that that that has changed hands with who would be

the responsible party yeah I think the best whatever guidance you know the board wants to give us we can we can go forward okay I think the best way to proceed might be to um so the land owner is listed on the no the original noi so I think um State supervisor so I that might be the best way to approach that is approaching the um Priscilla guas as a land owner for DCR

okay and do you want do you want us just to reach out and ask the same questions or do we want to give some Narrative of what you guys have already come up with just to put them on notice of what our concerns are and how deep we want them to delve into the responses that we're asking them for right I think what we need to do is let them know we have some

concerns with respect to issuing a certificate of compliance I think we need to um let them know specifically what those concerns are and you and John will have um more formal um information on that probably tomorrow or Tuesday and then give them the opportunity to respond and and um follow their own best man Trail best management practices which right now they're not so um that

would be my recommendation just to reach out let them know our concerns and give them an opportunity to respond and address the issues that location you guys want to make a motion on that and we can follow through with that so do we want to make a motion to send a letter to the uh state or an email letter email correspond think we're sure is there anyone methods of contact yeah is there anyone who wants

to speak to this issue no there's no one from the state here fine I just so make a motion to so move okay second a second roll call I I I I yes yes all right next is a notice of intent se- 24- 828 owner applicants rigor leasing LLC Pro location WS Rach Road Tess's map is z- 0399 filed by a Northeast engineer and Consultants on behalf of the applicant the applicant in process of constructing

two Commercial Warehouse buildings Associated assess driveway uh utilities on the west side of Rach Road and fall river access to the second building requires a wetland Crossing that will result in 4,000 ft of bordering vegetated Wetland alteration and replication this was table from October 10th good evening for the record Jeff Tolman from Northeast engineers and Consultants here on behalf of rigal

leasing uh the applicant for this notice of intent um since we met I believe it was in September beginning of September last onent this project at that point we had uh what I would call a grading utility plan and um I I call like a notti of intent plan it had all the key features that the commission would be looking at you know terms of evaluating the plan uh specifically drainage uh utility layout

um overall site layout like buildings and access and stuff like that but basically more from a drainage perspective um since that meeting uh in the objective of that meeting on our behalf was to uh try to establish a limit of work um because of the you know amount of wetlands that we're dealing with on the site um and the uh you know proximity to the wetlands which we're working with uh we felt it best to come

into the commission kind of get a feel in uh we did have that meeting uh so since then we've gone back to the drawing board we've finalized the overall site plan um we got a complete cover sheet site layout um all all the the things that the site plan review committee would be looking for in terms of site plan review um and we've also in the process been working with city

engineer um to uh you know go over and and fine-tune the drainage design um what you see on the plane here tonight is the building layout parking lot layout uh drainage layout of the detention basins all that stuff really hasn't changed what we've done is we've um tightened up some of the grading um added some one and a half to one slopes where we had previously had 3 to one

slopes on the outside of the Basin to get a little bit more separation between the Basin and the Wetland um we have pulled in the outlets to the basin um at the recommendation of the city engineer we added Wing walls so that they could be built into the BM to create more of a separation between the actual outlet and the uh the receiving Wetland um and one of the other major changes is at the entrance we've

installed a box Culver where previously we were just proposing I think it was a 36 in ads pipe uh and then we had another design we're using a notch pipe but we've since gone to a box cover in that location as well to kind of mirror the two that we have at each one of the crossings between the uh the two buildings so those were the uh the big changes that were made to the

plan since you've last seen it um other than that the the design is basically uh the same and I think we had kind of agreed upon a limit of work at the last meeting where maintaining a 25 foot note to stir a buffer between any of the uh development with the building and parking areas would be and we've gone in some areas down to 10 ft um a little bit

more um you know 10 to 15 feet in the areas where the detention basins are going to be with that I'd be happy to answer any questions that the commission might have okay if you want I can go through my my comments first initially um I recommend the issuance of an order of conditions applicant has worked over the last few months to respond to our comments the project that's presented does meet the requirements of the

weapons protection act there were a few special conditions that I would ask you guys to uh to discuss and potentially Implement there are a few plan revisions under item one uh provide access to detention Pond number one provide all existing utilities within the right of way including drainage tighten the limit of work around Pond number two um on the Wetland side of that pond we seems like

we could get into another 10 ft or so extend the erosion control through the Wetland replication area and connect it to the repli to the uh erosion control that's up along at the Crossing there's a gap there of about 25 feet that has no erosion control adjacent to the Wetland replication area uh provide erosion control through the temporary Wetland alteration so along the Northerly side

of this project and Jeff if you just want to point out to them there is a sewer line that runs through this and this is the thing about the industrial park is that a lot of the sewer lines run through Wetlands believe it or not in case you guys don't know that so there is a sewer line out in rigin and that satisfies you know an easy connection for building number one

building number two which is the one to the further north and and deeper off the closest sewer connection is that existing sewer line that runs through the Wetland so to tie into that there would be a temporary alteration of that Wetland um for the easiest connection otherwise they would most likely have to pump or gravity feed through the two bridges in the wetlands Crossing through

the building at one and then and then bring it back out again so that is the most efficient way to get there there uh and it is just a temporary alteration for that Wetland but erosion control would need to go up through that location um I would ask that a trench grate be installed at the end of the driveway just before we hit rigin back so before we get to that cover just

there's a series of three catch basins at that intersection of the driveway um after that though there's a great amount of water that would be you know either bypassing those catch basins and making its way out rer back so a trench grate discharging into the SW prior to that Culver we get some more of that water into that other than that some special conditions that we normally make special conditions that probably

going to become standard conditions uh per permanent Wetland delineation demarcation Wetland signage at whatever interval you felt would be appropriate at the limit of work I think it's important that no Earth utility or building work is permitted until site plan review has been satisfactor completed the installation of erosion control and clearing should be permitted at at this point in time but no birw

removal 401 Water Quality certification or deed restriction would be required prior to the start of work for the Wetland alteration as it does not exceed the 5,000 square fet allowable an npdes and Swift plan shall be submitted to the commission prior to the start of work all driveway cover shall be open bottom box which Jeff's already addressed since this morning which is great um prior to the start of work and

prior to the recording of the order of conditions the applicant shall record the previously issued order of resource area delineation which was done about two hours ago so we can check that one off and then 10 final plans and calculations shall be submitted with an original stamp and signature of a Commonwealth of Massachusetts licensed professional engineer other than that I can say the applicants work diligently

over the last 30 days or so to get this to a point where site plan review can be submitted um which I believe is to happen tomorrow we wanted to get to this point where drainage has been that signed off on we've gone back and forth with a few different ways of approaching you know how drainage actually works out here so I think we've got that to a point that site plan review should be

able to take that and run with it pretty pretty easily um so with that being said you know and questions that you guys have specifically I'm okay with it these conditions again site plan review you know looks at all of this stuff again all of the drainage all of the utilities which is more not really your concern the utility part the drainages of um but we wanted to make sure because

the project is so complex that we had everything on one set of plans before it left here okay does board have any questions on the conditions just a quick question Jeff so you're so you're going to run the sewer line through a wetland so you're going to temporarily all to that is it it's going to go how deep is it going to be that's going to be four about 5et I would say underneath the

Wetland yes which allows us to get deeper going that route than if we were to go the other direction um the line out on rig and back roads only maybe three to four feet deep okay so this provides more of a cover fors it's a better connection and we don't have the cross the two box culverts um which potentially could be an issue with some freezing because of the cover that

you're dealing with there so it just um that that manhole is steeper in that location than what we're dealing with on riging back road okay so in order to accomplish that are you going to have to temporarily drain that Wetland or are you going to put up no we'd probably make the connection during number one during a dry period of year um summer and fall um I don't anticipate um the Wetland itself isn't

saturated you know it's not like um there's no standing water no there's a pretty good slope to this site in general okay yes either either direction he's going to have to deal with the water the water situation and coming through this drainage area which is fairly swelled where where the larger color it's coming through um the the other way I think would be less impactful and in fact the Ste Department

most likely we're not in front of them yet because it's site plan review I don't think they would let us put it under the C under the footing so they would make us put it to the side right thus you know potentially a greater alteration through that Corridor as well so okay although both temporary that's in that construction wise it's an easier way to go the other way we had this discussion from the beginning and we

investigated is it you know better to go the other roof okay no in my mind I was just thinking there's standing water on the w and so no that's fine there is there's there's a drainage ditch that runs along Bri and back road and then takes a 90 and and heads over to the West along the sewer line M uh to the to the it's actually to the north side of

the sewer line so we don't have to worry about that we don't have to cross that where the sewer handhole is um but like Dan said there's pretty good slope at least 2% um greater in some areas down to that ditch um so there's plenty of pitching at Wetland to drain it we'll do this during a drier time of the year um and I know anticipate any issues making that connection perfect thank you okay any other

questions now on this motion do I have to read the special anybody in the audience anybody in the audience the the one thing I would like to and I agree with all of uh Dan's comments what what he had mentioned earlier um the one thing I would say is the the trench grate at the entrance uh because we have it's almost like a subdivision Road where it's uh it's kind

of crowned in the middle and we have two low areas on either side what what I've tried to do on the latest and greatest here is I've ended the burm coming around a little bit sooner so it doesn't go all the way out the r Back Road create a low point a cutting the burm rip wrap from there down into the SLL on both sides uh because of the Box covit

obviously be like a paav sale we could do a paav sale yeah at least down to the rip wrap or something like that that's fine yeah um I just think it would handle because of the water being diverted along the BM rather than put a trench gr I don't think it's going to be be as effective as anticipated and all the war is going to be on the edge so

that way you can get right down into the S directly yeah okay okay on a motion do I have to read the special conditions into that you should you should make okay yeah all righty can I have a motion to issue an order and conditions with the following special conditions uh included uh provide access to Pond number one uh two provide all existing utilities within uh the right away three

tighten the limit of work around Pond number two four extend the erosion control throughout the Wetland replication area next provide erosion control through temporary Wetland alterations uh provide a trench grate at driveway entrance so let's say a trench grate or some mechanism to Ure that storm water does not run to rig and backr okay some uh storm grade uh where won't run to Rach Road uh permanent Wetland

delation uh Wetland signage at 50 uh feet intervals uh no Earth utility or work building work is permitted until site plan review has been satisfactory completed insulation erosion control and clearing is permitted a 401 water water quality certificate certification or deed restriction required prior to the start of the work dpd and S SW PPP shall be submitted to to the commission prior

to the start of the work all driveway covers shall be eight you can check that one because he's already done that on this did that one already and nine is done Nine's already done uh final plans the calculation shall be submitted with original stamp and signature of Commonwealth Massachusetts licensed professional engineer can have a motion motion second okay roll call vote I I I I yes all

right that's it thank you very

much all right on to the next one is the uh request for certificate of compliance se- 24796 owner applicant is Highland Farms development 2 LLC project location 994 Fieldstone Lane t as map is -4- 0074 fire by civil and civil and environmental consultant's Inc on behalf applicant the applicant is requesting a certificate of compliance with the exception of final lawn development work

drainage assessment and this uh work authorized under the order of condition is uh substantial to compliance with order of condition this was tabled from October 10th uh if you remember the last meeting we discussed this is the one that the rear yard GR hadn't been completed yet so since then uh the grading has been completed they given us an updated asil plan that gives us the uh basement slab elevation um in

relation to the top of the verm of the pond and water will shed away from um the basement so all that work's been completed and that temporary drainage pipe until the drainage was done has been removed so I have no issue with uh with the commission granting a certificate compliance does the board have any questions no so can I have a motion to issue certificate of compliance want I'm sorry would that be a partial

certificate of compliance do we give him one no no that's okay this is for their lot only okay sorry John there was a motion for certificate of compliance so moved I seconded roll call I I I I yes yes okay uh next is notice of intent owner applicant is just syvia project location 2450 Indian Town Road ass map is w- 37112 filed by ecosystem Solutions in on behalf of applicant the applicant is

proposing restoration plan to remove unauthorized cart path created in around 2017 from an order of conditions from 1997 D file number se- 24289 uh Mr chairman just before we again we still don't have a file number so you have to make the determination whether or not you guys are okay with moving forward I'm okay with it but that's why I make you aware that D hasn't issued a number yet does the

board want to move forward without a number to listen yes yeah okay all right thank you uh my name is Brandon FF I'm the principal scientist with ecosystem Solutions just speak out of the microphone y my name is Brandon fanf I am the uh principal scientist at ecosystem Solutions 100 Jefferson Boulevard Warwick Rhode Island uh representing Jeff Sylvia uh the owner and also working with Michel laas are here um so

there's a lot to get through but first um in in in addition to not having a DP file number I think one of the issues with that is that uh we have not received a response from natural heritage inder species program yet which is also required before uh we can close um and I'm still waiting for that so uh hopefully that comes in pretty soon um obviously there's there endangered species on this property uh

the the species of issu is marbled salamander okay so this property is uh located on the north side of Indian Town Road just to the north and west of the intersection its intersection with copicut Road and the I guess you could call it the more continuously uh forested part of town and uh there's a lot of site history that goes on here but first I want to talk about the Wetland resource areas uh that the green

area um the area of the property we're talking about is is closer to uh Indian toown Road than not the total property is 18 acres in size we're talking about the the southern probably quarter of that uh where the owner Mr Sylvia starting around uh 2017 decided to get a a an excavator and start doing work in the bordering vegetated Wetland here um and what he ended up doing was uh clearing the under

story and the Wetland begins on the left side of the the map which is the West Side uh from seeps and springs on a hill and then the water flows downhill through this strip on site uh and once it hits uh uh the right hand side the East Side the Wetland expands greatly where there are vernal pools and that's where the marbled salamanders do their the breeding in the springtime um but uh Mr Sylvia uh

decided that he wanted to quote unquote improve uh the Wetland area and the Wetland strip that's on site uh was a boulder field so he wanted to get rid of the boulders and smooth it out got rid of what Boulders thank you yeah so the boulders were all deposited right down here on the right hand side uh over a slope and that's about when I got involved because the Conservation Commission issued a an enforcement order

in 2017 and natural heritage and danger species program uh also issued a letter of non-compliance so in around July of 2017 myself Mr lavasier uh Jr Frey and um Bill Kenny Bill Kenny met on site with Lauren GL Glorioso of uh nhp to go over what was going on and at the site visit anyway it was decided that regarding the boulders uh there was so many and they were so far down the slope that in order

to retrieve them and put them back in place it was most likely going to cause more environmental harm than it was worth so there was field decision at the time uh to be hopefully confirmed by natural herriage again when they do their their review now that uh those Boulders can stay where they are in the meantime this area has more or less been left alone uh to help regrow the big problem here is that Mr

Sylvia created a uh cart path a permanent path to to get to the Northern parts of the property by bringing in uh gravel fill right in the strip right here and there is a uh 12in uh cor uh corrugated vinyl pipe plastic pipe right here that allows the water that's coming off the hill to the West uh it it intercepts it goes through the the Culvert so we can have a dry way to get

over and then the water then spreads out again so the whole purpose of this notice of intent uh is to help the city of Fall River and and Mike's efforts to subdivide the property and purchase how many acres that again Mike about 14 about 14 of the 18 Acres uh starting somewhere around here on the north side of the house and the lawn so basically Mr Sylvia is going to be left with a

conforming lot where the where the where the house is and the rest is going to be owned by the city right so the big issue is that we have to clean up what needs to be cleaned up under the enforcement order and the the uh not notice of non-compliance from natural heritage and I mean it's a fairly straightforward simple project what we want to do is remove the fill remove

that pipe and bring the Wetland back uh into a state that you know at least as close as was before by removing the fill and allowing the water to then shed the way it shed before the fill and the pipe was put in so the way we're going to do that is uh you know first the plan is is to put up erosion sediment controls along the perimeter of where the path is

and then bring in a uh a machine with a flat blade uh whenever you doing removal fill I don't don't recommend a a bucket with teeth have a flat blade and bring it back down to grade and that's not going to be very much because it's it's like a about a foot at the most and it's really in the area the highest part of the fill is where the pipe is and that's

not even like up to your knees uh so take that material out get it off site or at least in an area that's non-jurisdictional in the area of the house uh and from there uh the plan is to Simply spread uh Wetland New England wet mix at a rate of uh 1 pound per 2500 ft the amount of area to be restored by the way is 2300 squ F feet so we're

talking about a pound of of wetland seed mix to be spread through that area and then after that leave it alone um what I will be doing is treating it just like if it was a wetland uh replication project as far as the performance standards at 310 C mark 10.55 and that there will be two years of followup at the end of each growing season about October starting uh hopefully I don't know when this is all

going to be done uh but hopefully starting next fall the the first report would be done uh sent into the commission and then in the fall of 2025 uh the second report brought in hopefully everything was done to the commission satisfaction uh we can apply for certificate compliance and also at the same time hopefully asked to get the enforcement order lifted which has been in place since

2017 okay we have some other hurdles uh I will admit um the original order of conditions that went along with the house with Mr Sylvia by the way who's been the the sole owner of of uh the property since 1997 so he's been the only person living at this property for the whole time um it does not here that he ever got an asilt or a certificate of compliance associated with that original

order condition so that's something that still needs to be cleared up um there was an extension order um I don't know if that ever got recorded at this point though I don't know if it's either here or know there because all the work you know associated with a house is done I mean really what needs to be done is the the certificate of compliance associated with the original construction house what is remaining to

be done would you start again there sure other things that need to be done that are ancillary kind of on the outsides of this particular notice of intent is the fact that there was a notice of intent with the construction of the house that Mr Sylvia lives in right now and that never received a certificate of compliance from the city of Fall River all right the Conservation Commission and he never got an as build

plan done so that before the proper property can be transferred to the city and subdivided and all that good stuff that needs to be done so we're going to have to work on doing that okay um you know that's that's the bones of it all um again don't expect to close but I thought this would be a good opportunity to present to the commission what uh needs to be done what is being

done and take your questions and comments I give my stuff first which a lot of advant is already touched on so we still have no file number for whatever purposes it's probably in a GSP um I would offer that uh the appropriate state and local fee for the Wetland delation needs to be submitted as part of the notice of intent I could not find that the original order was ever recorded period the original couldn't

find that the extension order was ever recorded certainly there was no certificate of compliance um and then even on the extension order it had no reference to it you know we we have the book and page number of the original order blank um so I understand not your not you're doing why would that be why would all Le things be well what let let's get back to the The Narrative of

the project and the history this was issued in order of conditions in 1997 sc24 289 um after a number of years the commission filed the enforcement action in in 17 as Brandon stated I I won't say that it's been ignored since then because we read through the file this it's been picked up it's been dropped off negotiations on again off again for the acquisition of the real parcel um I have I have a

little bit of an issue with what's driving this is the purchase of of the land which is great we're going to preserve this land how however we are allowing uh let's say an offender of the Wetland protection act who you all hold to the highest level of regard everywhere else off the hook because the city wants to buy this piece of um as Brandon stated during a site walk with with JR fry and and Bill

Kenny and someone from natural heritage was determined that the boulders could stay the commission makes needs to make the determination if the boulders can stay I walk the site I can offer that I don't think the boulders need to be removed that I think it it would be a greater detriment to the environment um I don't think there was any fill place that's created an issue through the

Wetland area so I excuse me Dan which what what was your opinion about the boulders again I think they should stay but what I would but what I would offer is that that's not for me to determine that's not for Brandon to determine that's not for Bill Kenny or J off fry to determine that's for the commission to determine this is substantial 18 foot high pile of BS on the slope of this but

again it would probably create a greater detriment trying to get them out of there it would take it would make a mess you know I mean we're talking we're talking Boulders Boulders um and to be honest it's probably created some habitat by the stacking of these Boulders in the void spaces that we've created you know for enhanced Wildlife through the area so although I don't want to give them credit for Habitat you

know enhancement but maybe that's what's happened a little bit here um also in the narrative I read that the cart path restoration work is to be done either by the applicant or the city that work should so ful be completed prior to any conveyance of land um don't purchase and sales agreements get signed they get ripped up parties have disagreements they walk away so we want to make sure one that

the restoration work gets done to a certain standard that you all need to make the determination on before the one we don't want the city buying a piece of property that's levied which is what Mike and I have been discussing for a year we so that's why these items need to be resolved otherwise at some point point I can't I don't maybe the commission wouldn't enforce that enforcement action but natural heritage

could come back and create a whole storm of events for Mike and his organization and ours as well so as Brandon stated we're still waiting for their opinion letter which was my next comment something from them now saying that what we're trying to do is okay in their eyes as well um other than that I have I have no comments um the restoration plan for getting rid of the car

I think it is fine I mean it will it will revegetate with just the the seed mix that's there but we walked it was probably about a year ago when we started talking about this again I think it was last fall um and we walked it it seems like the trees through the Wetland area um there's there's no mounding of fill around them the adjacent grade seems consistent with where it would

have been prior to any alteration of the Wetland um the undergrowth at the time was starting to come back in again so I'm assuming it's only growing in even more by now um but I think you know we'll we'll have to table the matter of course and wait for natural heritage to respond but you may want to take a chance to go out there and take a look at it yourselves as

well and then hopefully we can get all the other paperwork resolved not easy I know yeah job security I call it yeah well I couldn't I I search for a while today at least on the registry and on our files we have no record of anything oh see that's that's I was talking to Mike so that will be title issue yeah when when you so the certificate of compliance of course will

theoretically resolve it for you buying it but theoretically you can't issue a certificate of compliance if something hasn't been recorded to get it released and that's what happens when people don't record orders of conditions Parcels get conveyed and land owners are unaware of the conditions placed upon that real estate by by this board or even some others that have you know different types of Permitting um but it

it happens often Brandon deals with it as much as I used to you come across a project well did you did you record that well no I didn't know I needed to or you know and then that's why you see now we have all these people coming in asking for these partial releases or last minute I can't sell my house because my order of conditions from 15 years ago I

didn't get a certificate so there is a right way to to do it and where the city is potentially acquiring this piece we need to make sure that it's done correctly yeah may I ask a question of Mr aier um what what am I missing on the what what did I do wrong well the Wetland delineation the linear footage of of the Wetland being approved is is that a local no W protection act I

notice of intent there's a category of linear feet of BBW that's only if you though you but no but you filed the notice of intent you didn't file a request for determination correct but but that if you look at a notice of intent on the fee schedule category six I think is wetland delineation that that's for an inrad no no no that's that's when you file an anrad this is a notice of intent that

has Wetlands delineation approval this board has always required that fee to be paid of all its applicants at the notice of intent stage you can file a request for determination and not pay a fee and and ask for the line to be approved that's I I that's uh I've been doing this a while but okay all right we'll get that to you thanks does the board have any questions yeah I know I know this yeah so

um the city is going to buy 14 acres um so there's a total of 18 acres and they're going to try to acquire 14 acres is that right yeah so I'm Mike Laos I'm the city's Watershed Forester I work out a 2929 Blossom Road uh in Fall River um so the the parcel is approximately 18 I mean uh approximately 16 acres in total and so we'd create a more or less 2 acre lot where the house

currently sits and the configuration we we have right now that the landowner has accepted is going to is is going to be uh uh excluding the Wetland delineation so in the end if the city you know goes forward to acquire the property um we'll be in control of about 14 acres that's in the you know Copa cut drinking water supply and the owner will be left with a uh 100% Upland parcel so

we'll we'll be owning the Wetland all right and what what does the agreement look like between the city and the Mr Sylvia has that anything been signed what's we have a purchase and sale okay and then my last question is the restoration work that currently is going to be taking place who's responsible for paying that for that work there'll be a contractor that'll be hired to do that

work I know but who's paying for I know there's a contractor but who's paying the contractor yeah um the landowner is going to pay for the contractor and that's also part of the deal that he is yes okay thank you okay thank you that was my question I know it's been you can make it a condition that you know City funds or grant funding dollars will not be spent or municipality dollars won't be spent on basically

resolving chair if we can put that on there I mean we're not even we're still we're going to table we're going to table it but it has been I just want to make sure like going back to your point about what you're saying is he's the one that you know did remove the boulders did all this and if it was anybody else we would hold that person accountable so

I just want to make sure at some point for some of the work or whatever needs to be done there that the city is not on the hook because it's going to acquire the land that we let the current owner be responsible for payment right we we'll be sure that that work is completed and and you know that'll be resolved so that when we because I mean I think it's great that we're getting

you know 14 acres and we're going to preserve that but at the same time we shouldn't let that get in the way of the person at fault here paying for it no I agree with that this has been an ongoing thing since 2017 that was on almost every agenda for like two straight years of salamander so uh yeah I do agree that the the homeowner should pay for restoration and all that so yeah make

sure we include that the only comment again I would make is that this does sit directly in the Watershed of the copicut reservoir which is our drinking water supply they pump quite a lot from copicut into North what up us so I think that protecting these lands um is really important I even if the city does incur some cost um it's important to protect that land for our drinking water supply

so but it sounds like we're not so it's a good point it can come off the purchase price though you know it's always a way of collecting all right so this we're going to have to make a mo to the table oh go ahead J on the with regard to the the the housing there's currently there's currently a house one house which will be on two acres it'll be on somewhat less than two acres about that

is there any additional building construction going to take place in that no that's one of the things we did thank you that was a yes no yeah that's what I wanted to know but that question short answer I think we have two acre zoning there but that needs could that be laid into the the no one construction or something well what I mean they'll have to comply with zoning when they subdivide so depending upon

what what district it falls in or what overlay District they'll have to comply with those zoning requirements unless they can seek zoning is it two acre I'm not sure because it gets don't it is UN and then there's the r80 and then there's there's a few of them in that location right so it's it's r80 and the lock he will be left with won't be subdividable it will not it will not be

but it will be compl playing the one that he's the one that we're creating it it may not be it may be smaller there in order to in order to carve out okay out so we're going to have to get zoning relief y okay I apologize I thought it was going to be a conforming lot um it started out that way but part of the negotiation was I'd rather the Wetland

was in the city's hands at this point Y after the okay understood good point so make a motion to table so moved second roll call I all I yes I brand when when did they receive nhp when did they get there been less than 30 days Spate around 20 so by the next meeting December 4th I think is our next meeting so hopefully by then it's vacation time I know coming up for the

holidays but hopefully they get us something y okay thank you thank you all thanks guys thank you we're having a good night thank you com it's not jinxing all right uh next up is discussion of B Rock Road uh we got a letter review discussion of LSP document uh opinions on B Rock Road so what happened at the last meeting if you remember like at that day we received the letter from the consultant that you

had me reach out to to get an opinion of where we're at so you all have a copy of that letter the last meeting we were requested the office was to reach out to the proponents of the b rock root attorney Z Jack Victoria Costa from Green Seal who was their environmental assessment um and their contract supervisor they had intended on being here this evening about 3:00 maybe we got an email from them apologizing

that they could not make it and would like to come before us on the December 4th meeting um and that came through Victoria Costa from Green Seal so we can I I would prefer to discuss this with them present so that they understand the levity and the severity of our concerns um but by all means we can discuss at least what the consultant gave to us but that doesn't mean we

can't just discuss it that night as well you guys that's that's in your court I say we wait until yeah I think we need further information yeah so I would wait because we did ask them to respond to a number of the items which we have not gotten response yet so I guess we can give them the time as as been with a few of them one more month's not going to kill us on

this thing but okay any questions from the board so motion to table so move second roll call I hi hi hi yes ready next is a uh receip of correspondent review discussion memorandum from agreement on SN Network nefc town of Westport Westport conservation land I make a motion to put on file oh wait no hold on nor normally I would just want to get rid of but just let me give you a little update of what

it is because we're actually pretty heavily involved in this right now so town of Westport was able to get a grant um regarding some storm water management Improvement around one of the pieces of land that we own in Westport which is which is important um so as part of this there's like a four session uh webinar that they're involved in and the Westport land conservation uh trust Ross

Moran's involved with that as well and they were kind enough to to provide me a seat on these on the webinar to go through what what's being done there's probably six municipalities that that had received this and so they're all on them we had their first meeting this week everyone's got a very particular storm order management runoff issue that they're trying to to improve on um so

Westport just happens to be right on part of the the Westport River I believe it is that we own the land as you if you don't know we own the water rights to I don't I don't say almost all the water in Westport but but quite a bit going back to you know the beginning of time um 1800 Fall River you know saw the value in preserving its own water supply

and obtaining the legal rights to a lot of it in Westport um this is one of those locations but the land area associated with it and the streets is what creating the problem so but ultimately it does contribute to the remainder of the Westport River this is the very high end of it next to dairy farm um that's always had historic issues so they're trying to make some improvements in the very top part of the

Watershed which is land that we own so we'll be involved with that over the next few months see some implementation I'll give you guys updates on that but that's all you can you can now place it on file all right that's important to know motion plac on file vote I I I I yes was that motion to place motion to place on file second second okay I ATT all right yes okay yes uh review and

discussion of 2024 meeting date and schedule any problem with that guys standard first Monday right so we keeping things the same yeah yeah yeah yeah but you you have to approve it so that we can because we put out the entire year schedule so that it can be on the calendar motion to Second it doesn't uh motion to approve 2024 meeting schedule it doesn't conflict with any holidays not from no if it does then like this

one Tuesday they always get bu long we not moving it to like a Thursday or something no the first available Monday of every month how's that let's keep it simple and as you know we're flexible um to change those if you guys can't make things oh second the motion I okay hi hi hi yes all righty um amend from October 10th going to have a motion to approve so made second roll call I all right yes

yes uh citizen input seeing none I a motion to adjourn so move second roll call I all I a short in a while yes I know