12.4.23 Conservation Commission

uh welcome to the Conservation Commission meeting being held uh 12423 in city council hearing room uh you can watch the uh meeting through uh Fred TV uh pursuant to the open meeting law any person may make an audio or video recording of this public meeting or may transmit the meeting through any medium attendees are therefore advised that such recordings or Transmissions are being made whether PR perceived or

unperceived by those present and deemed acknowledged and permissible uh we'll start with roll call left Chris boil here lisis Ferrera John brand Jim paal Nikita James and we also have uh Dan agar uh Conservation Commission and uh Nina poo head Clerk and we have Craig from uh frtv um first on the business is a request for certificate of compliance sc-24 - 761 owner applicant is Department of Conservation Recreation

project location is copicut Road assessor map is w-1 19-10 filed by the Department of Conservation Recreation requesting a certificate of compliance stting at work regulated by the above reference order a condition has been satisfactory completed this was tabled from our November 6th meeting uh we haven't heard anything back but Chris could you update us on this a little bit you've been

yes so um I recently sent anina three three contact Regional level contacts so the states divided into several regions with South Region so I recently provided her the contact information for the south regional supervisor the district manager and the region and the um what they call the fodal um it's on my understanding they were aware that the project took place but I'm not sure with what level of

specificity they understand the project project so um she Nina is going to reach out to them and we'll see if we can get them here for the January meeting okay does anyone have any questions can I have a motion to table to the January meeting so moved second roll call I I I I yes I yes okay measure passes uh next is a notice of intent se- 24831 owner applicant is Jeff Sylvia

project location is 2450 Indiantown Road cessor map w- 34-12 filed by ecosystem Solutions Inc on behalf of applicant the applicant is proposing restoration plan to remove the unauthorized cart path created in or around 2017 from an order conditions from 1997 DP file number is sc-24 289 tabled from November so as an update um you remember the discussion we had at the last hearing with the um with the and their

representative there were a number of items that we needed to address the first one was they they did give us the new filing fee for the Wetland line that was an issue they did get a file number they are still watching after the meeting we finally got letter from natural heritage um which I don't think was as positive as the applicant was hoping for so they are working directly um with natural herit and dangered

species program uh to figure out if there's any further action needed on on their behalf so until that happens um there's really for us to do okay so can I have a motion to table till J uh February I mean January motion to table second roll call I I I I yes I I okay next is a discussion of B Rock Road review and discussion of LSP document review opinions for B Rock Road table

from November 6th meeting I don't I don't know if anybody wants to come up and present but what I would offer is that um we did finally get some um updated testing at the direction of our LSP those test results were sent to us this morning I have not reviewed them and I have not had a chance to uh discuss it with our consultant as well so um if nobody wants

to make a formal presentation I would just recommend that we table it until our Consultants had a chance to review it and make make some recommendations okay would you like to Ty I'm sure uh good evening John ZJ uh for berley Street limited Gard B ro road um that is true we we could get the reports over just just I think earlier this morning yeah um we only received them ourselves

I think on Friday over the weekend so um if excuse me sir could you speak into the microphone of course sorry about that so certainly if it's the position of the of the commission that they need more time to review it certainly understand that okay yeah I mean I I reviewed it briefly the afternoon and there is a lot of information in there here is it's about 80 pages long I understand from our provider that it's

it's all positive information it's generally good but I understand you need some time to digest it so yeah from what I could review there was nothing that no just quickly major issues but I but I think we do need time to go through that report okay so can I have a motion to table us till January 6 after we review it motion to table it's seconded Lo call I I I I yes

I thanks for coming in thank you thank you uh next is a request for certificate of compliance se- 24775 owner app AIS real estate development Corp project location 242 Courtney street cessors map -5- 0073 followed by applicant who's requesting a certificate of compliance the applicant states that the work regulated and above referenced order conditioned has been satisfactory completed I was able to make a site walk

and I would offer that they have substantially complied with the order the site is stable site is complete um I would recommend the issuance of certificate of compliance okay can I have a motion to order a certificate of compliance motion to approve C second roll call I I I I yes I I okay next on the list is request for certificate of compliance se- 24792 owner applicant Highland Farms

development 2 LLC project location 8 Stony Brook Circle s's map is -4- Z71 filed by civil environmental consultant L on behalf of the applicant the applicant is requesting a certificate of compliance with the exception of final lawn development on the this slot the work authorized under this order has been completed in substantial compliance with the order conditions the only thing I would offer

is that I I think what the applicant did on their these next three submissions they just did a cut and paste where it says with the exception of final lawn development all three of these do have final lawn development done so they're 100% complete okay okay and I would recommend the issuance of a certificate of compliance okay can we take them all yeah that's up to you together all right

ation that take all three uh under new business items two three four okay together all right so we're going to take uh Highland Farms 2's uh project location 78 Fieldstone Lane and project location 41 Fieldstone Lane can I have a motion uh issue an order certificate of compliance Chris already did that also so moved okay I all I I yes I I okay next next is a notice of intent at

C hold on wait one second you made a motion to take them together now you need to make a motion oh okay okay so motion so made so sh second call I I I yes I I thank you all righty uh notice of intent sc-24 d832 owner applicant how Street Properties LLC uh peril product solar energy project location 109 house street sissors map is b-20 d001 filed by Farland Corp on behalf of

the applicant this applicant is proposing the development of 40 residential units uh necessary Cuts fills roadways storm water basins and utility infrastructure in the buffer zone but the applicant didn't uh properly file the advertising so can we have a motion to table this to January motion to table second I I I I yes I I okay next is a request for extension uh permit for order of

conditions sc-24 d740 owner applicant is Aaron wowski and National Grid project location 181 Bell Road Bell Rock Road assessors map existing substation Roa SE sment seasment uh filed by National Grid request an extension permit for order conditions se- 24740 all proposed upgrades of the station facilities have been completed for the order of conditions however the Wetland restoration plans are submitted

include a monitoring of the restoration area for two growing Seasons following its construction the applicant is requesting a extended uh order of conditions to December 31st 2024 Carmen Dancy um on behalf of National Grid uh I'm just is presenting on it so we completed the Wetland R duration in uh September of 2022 monitor for the last growing season um it is in compliance with the uh State's

performance standards for bordering vegetated Wetlands um but part of the plans that we submitted to the your commission um in the original noi uh we did state that we would monitor it for two full growing Seasons until it reads that so we are looking to extend the order of conditions to make sure we do proper monitoring sounds good does the board have any questions is there any other work going on or is 100%

everything's completed so we're just dealing with this Yep this is the only item um in the noi we did say that we would monitor at minimum once a month during the growing season of the replication area so this is the last item to do thank you okay so can I have a motion to issue an extension so moved seconded roll call I I I I yes I yes thank you thank you thank

you uh next on the list is a review and discussion of adopting fee structures um we did pass the uh voted on the amounts at our last meeting we had for this so I guess we need to vote on it do we want to send to the city council well I I don't think we've figured out yet at least I haven't um whether the commission has the ability to create a fee schedule without a bylaw

um so you can you can vote to send it wouldn't be we follow the state's bylaw wouldn't that be our bylaw right but the state has fees and we get fees in association with those fees with the formula so I think fees in excess of what the state's bylaw what this Welling protection act allows I think has to be done through our own Municipal byla I don't know the answer

to that so you can vote that if if it's determined that we can send it to the council we can um I just don't know if if we can so we'd have to tip up what Mac on that I guess you know we'll send out some kind of Correspondence and try to follow up with I I know any municipality that I had ever done work in um if they had a separate fee

schedule they also had a bylaw um and they're usually made part of that bylaw so I'm not I'm not sure all right well how about we make a motion to table this till January till we figure out if we need a bylaw who would make that determination how could we have a little more discussion the law no who would who would who would write the bylaw who would approve it who would well I mean

you guys had had some discussion about creating bylaws and what so you you can you can propose a bylaw so this would be our personal bylaw should we send this isn't a bylaw right so my point is my so what I'm asking I think Dan is should we one find out find out first if we need a bylaw separate bylaw two then develop the bylaw in a so we can send the entire

package to the to the city well if if if the state law allows you to create a Fe ual without a bylaw then we're then then we can go ahead with this um so let's we find that out first okay and then if not I think we need to start byw cleaning up and figuring out where we at bylaw wise and do we have a final document to move forward on Jim did you

have a question yeah I it seems to me that between the the state guidelines and they guidelines for the state and they're not bylaws that are in effect for us they're guide the suggestions for us to to adopt between that U I'd like to see us just go with just adopt the byw adopt bylaws and the fee schedule phone and get it done and get it over to the city council well we

we'll check first to make sure that we can um what do you mean of course we can what I mean what do you mean by can you mean like the city Council won't take it or yeah I mean we don't know if we need to have bylaws to have the fee structures we'll check on that tomorrow we'll send a correspond okay but what Tonight Tonight the only thing before

you is a fee schedule no but I'm not I know that so I don't know if we can move move forward no I'm not suggesting we do it tonight that was I did not make a motion but it seems to me that to do a bylaw to do a fee section one of the things that will get our bylaws through is when having served on an elected board is the fact that we're going to

raise some money for the city yeah and we should pass the whole thing in and the things that are the other things are perhaps a little more controversial uh we couldn't fully agree on the on the uh but we came very very close to agreeing on the rest of the the substance of the bylaws and I think what we should do is is um either at a special meeting or next

month depending on the I mean we we've we've been going all of 20 minutes tonight and I'm not suggesting we go further but there seems to be less business in the winter yeah well let us check with the uh State and then we'll we'll know where we're going next well I would like to hope we could put bylaw bylaw and fee adoption possible by law fee adoption on the agenda for next

month yeah we can do that Janu we could move on it yeah I mean we've gone this long without uh fee structures well another month isn't going to no right I'm not arguing for to do it tonight that's not my point my point is to is to think about it yeah possibly and you would worked on you were working with the state guidelines so you now have more information than uh perhaps the

rest of us yeah uh maybe you can share that and get a draft out do it we'll check with the state to see if we need it and if we do need it when we'll have to do the bylaws and then we can do the fee structure well I think we should do it if I I'm not arguing that we need it for the state I'm arguing that we need

it for our city and we need it to get we need it to show the city council that we have a complete package here and we're moving forward which we are MH and we need to that needs to be recognized and U in a set of bylaws including a fee section okay point point taken uh so can I have a motion to table this till January motion so move second

I I I I yes I I can I have a motion to approval the minutes from November 6th motion to approve minut seconded I I I yes I I see no citizen input can I have a motion to adjourn uh before we adour it's okay you I don't need to make a motion to put that stuff on the agenda do I we're send a notification tomorrow fine we adjourn okay roll call I a second second second

second okay first second I I yes I I all righty excellent have a good chrristmas thank you everybody having a good Christmas