12.5.2022 Conservation Commission

uh welcome to the forward Conservation Commission meeting being held a public hearing on Monday December 5th 2022 at 5 30 on the first floor hearing room one government center Fall River to consider the following petitions listed in this notice uh pursuant to the open meeting laws any person hello any person may make an audio or video recording of this public meeting or may transmit the meeting

through any medium things are therefore advised that such recordings or Transmissions are being made with a perceived or not received by those president or are deemed acknowledged and permissible we'll start with roll call Chris will start your end Chris Boyle here your James joins me John Brandt Lewis Ferrera Jim Cusick all members are here we also have uh Dan Aggie our engineer with the city

Patty aguiar recording uh secretary Clerk and uh for forward TV we have Gary let's uh first on Old business uh request for a certificate of compliance se-24-768 owner applicant is Highland Farms development two LLC project locations 48 Brookfield Terrace Assessor's map is u-04-0062 filed by Highland Farms development two LLC applicant requesting is just look at a compliance at the time

of inspection all work regulated by order conditions have been satisfactory completed this was continued from our November 7 2022 meeting

this one I think uh all the work looks completed I don't know if there's anybody here with regards to it but yes this uh for 768 all the work's been been done in accordance with the order so I recommend the issue and civil certificate of compliance okay so can I have a motion to Grant a certificate of compliance motion to Grant CLC seconded okay hi hi hi yes okay next on the agenda is a request for

certificate of compliance se-24-769 owner applicant is Highland Farms development 2 LLC project location 30 Brookfield Terrace accessories map is u-04-0063 filed by Highland Farms development 2 LLC applicant requester certificate of compliance at the time of inspection will work regulated by the order conditions have been satisfactory completed uh this has been continued from November 7th meeting

so the last action taken um was a letter was sent out at the request of the board regarding some outstanding activities that were taking place I've spoken to the owner and to the engineer that she has hired so they are putting together a filing for the swimming pool and the remaining work that has been done in the backyard so I would recommend that we spill table and give her the time to make the filing

now can you tell us what kind of options she has for continuing well I mean as far as continuing I mean so close to the wetlands I mean what is well the options are she files a notice of intent and if the if the proposed activity is what she's showing Falls within the buffer zone and the performance standards are met for the wellness protection act then it is a permeable action it'll be for the board

to determine whether or not the proximity to the well and is sufficient for medium low standards but until you get a plan before you that shows you the pool is 15 feet away from the Wetland maybe it's a foot away from the well you don't know until you get a plan before you okay so you're allowing her the ability to put together that file okay so can I have a motion to table this to January

hi hi hi yes okay next is requester certificate of compliance se-24-739 um owner applicant is cml2llc Project location 507 Alden Street assessors map is J dash 21-0001 and 005 applicant request to stick to compliance so you know regulated by order conditions have been satisfactory completed this was tabled from November 7th meeting so the same thing a letter went out at your direction I've spoken with the

owner this is for the um the mill complex down over on Alden Street so there were a few items that they needed to address I spoke with the owner they are working on that they'll submit us a revised plan so the matter should be tabled until they finish their work okay can I have a motion too for January 9th motion the table second hi hi hi okay next is a request from certificate of compliance

se-24-764 owner applicant as Highland Farms development 2 LLC project locations 221 Fieldstone Lane assessors map is u-04-0058 applicant requester don't work regulated by the older conditions have been satisfactory completed so at the Last Action that was taken at the direction of the board was to file an enforcement order with the applicant which was done that was on 12-1 well 12-122 was when I did this report so it

went out probably two or three weeks before that and did the owner I have spoken with he was in the process of hiring a consultant I think a number of people in the building have have spoken to the owner of this one this is with the uh with the lodge well in Alteration at the end of the cul-de-sac so they're still within the 30-day response time that we had requested in the enforcement

action so table the matters at the next year can I have a motion to table till January 9th motion table all right all right all right yes okay

don't you folks are with Highland farm are you um I I can speak to anything that the board or the commission may have a question on I I am the engineer of record okay for those live so if there was a specific question be happy to try and answer it for you all right thank you on that last one I we have been in contact and have met with the landowner

and we are in the process of putting a notice of intent together for them okay thank uh next requester certificate of compliance sc-24-765 owner applicant is Highland farm development 2 LLC project locations 245 Fieldstone Lane assessors map is u-04-0059 applicant requesting a certificate of compliance stating all work regularly by orders and conditions have been satisfactory completed this

has continued from November 7th meeting still a small amount of Roman seating that needs to take place on the west side of the single-family dwelling a little bit to the rear of the property I have spoken with Gary Michael from Bristol Pacific they were just finishing that up this week should be all set for the next meeting okay so can I have a motion to table list of January 9th so

moved accept that okay we'll go vote hi hi hi yes okay next is request or certificate of compliance se-24-766 or African Highland farm development 2 LLC project location 273 Fieldstone Lane Cesar's map is u-04-0060 applicant requested certificate of Appliance statement all work regulated by orders petition have been satisfactory completed this has been continued since uh November 7th meeting

all the work has been uh completed in accordance with the order I recommend the issue a certificate of compliance again I have a motion for a certificate of compliance motion to Grant COC I yes okay next is a request of certificate of compliance sc-24-767 owner applicant Highland Farms development 2 LLC project location 294 until stone lane professors map is u-04-0061 applicant requester

certificate of Appliance statement all work regularly by order conditions for the satisfactory completed this has been continued from November 7th meeting so the requested letter was sent out the applicant is still within the required 30-day time to respond I have spoken with the owner and they're putting together the appropriate notice of intent for the work and the restoration area

gonna have a motion the table of January 9th some will second okay all right all right yes okay uh next requests are specific and compliance se-24-770 owner applicant Highland Farms development 2 LLC project location 14 Brookfield Terrace accessories map is u-04-0064 uh absolutely requesting a significant compliance to you know work regulated by order conditions has been satisfactory completed this was tabled

from November 7th all the work has been completed I recommend the issue and service certificate of compliance okay can I have a motion to uh issue a certificate with the clients second roll call vote hi hi yes okay let's memorize those numbers okay new business uh anrad fc-24-809 owner applicant is Thomas St Pierre renewable Solutions LLC project location family Drive Macon Street systems map is c-13-001 and 002

and you're here for that one yes I am okie dokie

thank you you know the drill I have my assistant to help me Allison did you just walk in yeah uh for the record Steve gioso with civil and environmental Consultants with me tonight is Allison Cesar who is also a consultant working on this project with me um this is a piece of property the commission has seen in the past um it is a altered piece of land located on the East end of family Drive

and on the west side of the ramp onto Route 24.

and um the land is primarily Upland area but there is a well-in system that borders the site on the south and on the West Side a couple of pockets of wetlands joined by two 36-inch culverts in two locations and so you can see the Weld and resource areas that were delineated by the Wetland specialist highlighted in green on the exhibit and then you'll see the heavier dash line that sort of parallels

the welding system that would represent the 100 foot Wetland buffer zone and then running through the middle of the site this area here the power lines the main power transmission easement that runs through the property with a gravel access road that begins at the 24 ramp and runs through the property and there are a couple of culverts in a couple of locations that that car path um runs over

so again this is a delineation that had previously been reviewed and approved by the commission a number of years ago the applicant is not proposing any activity at this time so this is really just a request to re-affirm the well and delineation as depicted on the plan and then the applicant will then proceed with his thought process on what might be appropriate to develop on this land

again there is no set plan at this time I know a few years ago we were looking to do maybe a solar field um on this land but again I'm not sure what uh Tom's specific goals at this time would be but so we're looking to get this particular delineation reaffirmed and that would allow him some planning time this would lock in the line for a three-year time period as you

know and then allow him to proceed with um looking at the options for possible development of the property it is filled land we've done a number of test bids so you're now looking at natural soils and if you've been out there there's a pretty good embankment dropping down to the actual Wetland system or along the perimeter and when you're dealing with altered land what we typically do is we look at

soils as well as the vegetation and in this case we probably have done 20 test bits throughout the property and it clearly is filled material that has been placed here historically probably going back 50 60 years if not more and so we're at the point where again Tom would like to establish the limits of jurisdiction so we can think about the future for the property he's on the land for a good number of years I think

he told me pretty close to 30 years I think Tom is actually on this property and so we've been look to if you're comfortable with the line get an approval and I'm sure we'll be back at some point with development proposal of some form so there's been no activity on the property since the last delineation that's correct yes that's correct after the last delineation we ended up doing the test bits that I just mentioned

we did speak with a couple of people we were close on a solar project at one point and um that deal fell apart at the last minute but um and that's why he has the name renewable Solutions because again he was looking to use this as a green facility in this location we think it's a it's probably not a bad spot for that um what does renewable Solutions well that

was a name that Tom came up with to hold the property in but again he was thinking along the lines this was a piece of property that was probably best suited for something other than residential development that it may be the Solar projects were going you know pretty active at the time he was talking to a few of our clients we've done a lot of large-scale solar projects in the region and he was close on one

particular developer to come in here and and do that but that did not come to fruition but again there may be other opportunities for the land moving forward is there anyone here to speak on this nope okay okay any questions from the board okay John if I could just add um I looked at the property uh the well and dripping representation is very similar to what was previously approved by the

board thank you to the applicant for providing topography on their plan because it does make it a little bit easier to understand the hydrology of what's happening I would just caution the board um not to approve flag locations that are not on the subject parcel you can approve the buffer zone line as shown on this plan that would be off of those Wetlands flag numbers but any Wetlands

flag specifically not on this parcel of land as they weren't applicant to the petition I just would not approve those flag locations so if you just want to make that note that you're only approving the actual flag locations that fall on the locus itself all right so gonna have a motion to get an approval on the flags I have a question sure I don't understand the flag so so there when the applicant went out

they looked at the wet ones that surround the property that would have an effect on it so for instance yeah so this Wetlands line here yeah that's not on the subject parcel and because this landowner was not an applicant to this petition you cannot determine a wetland on their property it's almost like taking their land but what you're doing is all of the wetlands Flags specific flags that are on this

parcel and then the buffer zone for instance that showed on this parcel that has to do with the wetlands that are off site the buffer zone is what would be locked in place according to this plan so so you're approving the buffer zone location which backed up would be 100 feet to a well that's not reasonable to you yes yeah I just was there I couldn't really it's

a lot it's a lot to look at out there um as an engineer as Mr geosa stated probably 40 years ago this site was probably devoid of vegetation other than what's in the Wetland the vegetation that's there now is scrub very you know young growth that's come up through this through this filled area it is still somewhat accessed by the utility companies the pads that go through the property once you get on them you're

okay to Traverse but getting off of those paths is very difficult to do so um like you grade failures there's a mix of materials in there there's a lot of granule it's granular the Earthen material is granular Earth and material there's rocks Boulders it's it's a mishmash of materials through there yeah I mean if the field was clearly placed prior to the wetlands protection act um so so you don't have to worry about

that um and then of course with whatever development they do I mean the land has to be suitable for that type of development but that's beyond the scope of the conservation thank you can I have a motion for approval of the buffer zone existing and excluding uh new Flags actually a little move

very good thank you

next is on noi SE Dash 24 um 809 I must have heard it so se-24-809 owner applicant is Diane Smith project location is hell no that one is the original file number yeah oh okay the last one was 809.

okay all right back to two noisy-24 we don't have a complete uh number on file a number on our applicant is Diane Smith project location four Captain Circle accessories mattress y-06-0037 filed by Proline engineer the African purpose is to replace existing septic system with new systems thank you

okay Bob baraby Proline engineering with me is Jeff he's the owner which is with Diane who's in the back what we have is an existing parcel with a trailer on it the trailer foreign we have a trailer on the piece of property it's a two bedroom trailer we went out there with the Board of Health conducted perk test and soil evaluations on the site to determine whether suitable material was on the

site and that was submitted to the Board of Health what we're asking for now is the notice of intent filing to install the septic system on the site it is well all the properties out there are served by Wells so no Town water available tight sight as you can see on my drawing the flag line is identified in green highlighted in green the portioned that half of this area is on our property the

other half is on the Butter's property there was also some Wetland lines across Captain Circle they were also located by the botanists who went out there so we picked up everything there's a well on the property which is in the southwest corner of the property they put the 100 foot well radius in there because we try and keep the septic system at least a hundred feet away from the drinking water the trailer is in the

southern portion of the property and where I'm proposing to put the septic system where we conducted the soil evaluations is up towards the northern half of the property but that's also where the wetlands are so what I propose to do this this site looks like it was probably filled many years ago and then where it drops off that's where the wetlands are and then to the northeast of that is where South will

tepa Pond is what you go across the right of ways and through the woods so we're gonna put in we're proposing to put in a two bedroom septic system to match the two-bedroom trailer that's out there right now as close to the wetlands but that was really the only place I could put the septic system inside more than 100 feet from our well and more than 100 feet from the above as well which is on the

property located to the east and you can see the circle for that well also about my plan the board have any questions the chairman I would offer that um in light of the situation this is probably the best scenario that that the applicant could provide it's six of one half a dozen of another do you want to get closer to the two drinking Wells um or closer to a wetland and the Wetland itself

um you know we're in an area that that's already been altered this would also be removing an existing failed septic system that's sitting in the ground water so that this is definitely an improvement I would note that there was correspondence to Proline from dep that had a number of questions that's why they had not issued a file number yet so um I don't have an issue with the conditional approval upon the receipt of

a file number and no adverse comments from the EP but I think Mr Berry is going to have to work with with Whitney um to resolve you know her questions to answer hers before before we would finally issue the permit and you might want to ask about comments from the audience as well sir comment from the audience because we happen to be a buggers and we know what we're doing what they're doing

and where we're in total agreement okay that's good thanks can I have your name for the record please the garage four six zero Captain Circle thank you well marked Place 460 Captain Circle thank you do you have anything else to say I'm not sure thank you all right so can I have a motion to issue an order of conditions upon the receipt of the file number I have just one quick question sure

septic system in Stony Brook which means I don't know I can give you that information give me a call please I can guess 300 feet 300 feet yes thank you thank you I did also to add to Mr aguio's comments I do have a poly barrier also going around like a horseshoe around the system okay that's a vertical problem correct yes any other questions okay so can I have a motion to issue a

uh order conditions upon receiving the file number second okay we'll go vote hi good Steve hi all right all right yes okay thank you good thank you okay thank you next is an order condition extensions request for se-24-741 project locations Mount Hope Bay attended to 120 Charles Street filed by anchor qea on behalf of Liberty Utilities Mark Mahoney with anchor qea and Derek tomka from Liberty Utilities

is in the audience okay thank you okay um well it's almost three years to the date and I don't recognize a lot of the names so I don't know that you have a lot of background in the project it's a Massachusetts contingency plan sediment remediation project that involves the dredging of about 11 000 cubic yards of sediment containing oil and or hazardous material so I'm going to use the term

ohm that's the mass dep term of art for contaminants in the environment so there are contaminants in the sediment that are a result of a legacy process or a historical process at the site uh coal and oil were gasified and byproducts from that process primarily coal tar which contains a class of contaminants known as polycyclic aromatic hydrocarbons were released into the sediment and so the idea is to

remove that sediment remove the associated ohm in order to do that there is a matrix of permits that you need to get one of them is obviously the order of conditions which was issued on January 7th 2020 right before the pandemic hit and uh also uh programmatic General permit from the Corps of Engineers which we applied for and received the Massachusetts Environmental Policy Act environmental notification form

which again was applied for and received a joint permit from Massachusetts dep that is a chapter 91 and a 401 Water Quality certification that was applied for and has not yet been received that's been one of the the things that is kind of on the project up and there's a variety of reasons for that I'll just give you a very brief timeline without boring you all with the details I was on the Conservation

Commission in my town for 25 years and I know private is appreciated so uh what happened was um a combination of factors the Massachusetts dep representative that was reviewing the permit on behalf of the chapter 91 group tried to schedule a site visit on four different occasions this was during the pandemic in early 2021 and all four times it had to be canceled because a member of the team that was going to

present at the site visit or attend the site visit had some contact with someone with covid in addition to that Massachusetts division of marine fisheries had provided input requesting that a slight modification to the project be made and that mitigation be provided by Liberty Utilities to address the per the temporary taking of shellfish bearing sediment and so uh it that request from DMF came in in 2020 early

2020 and we just got the mitigation approved in 2022. the project manager for DMF uh during the course of the development of the mitigation retired and another representative was hired and had to come up to speed and took the project over so about two weeks ago we got the approval for the mitigation Liberty Utilities is going to fund work in South watupa Pond to evaluate water quality so we got that information to

dep and they're going to be able to move forward with finalizing the chapter 91 the 401 Water Quality certification division they were able to move it through the and turn it over to chapter 91 so we just need the chapter 91 permit once we have that there's one more permit believe it or not that we have to get and that is a mass coastal zone management Federal consist and see determination so

they basically review all the permits and make sure that that they're all um the same it's the same basic project as we had presented in the notice of intent three years ago there was one very slight modification to the project and that is in the area offshore it's about 147 000 square feet we were going to dredge that area and restore it by placing six inches of clean sand and the

division of marine fisheries asked that the area be restored to grade the average cut depth the average depth of removal of sediment in that area is about a foot and a half so rather than putting six inches of backfilling we're going to put a foot and a half of backfill on average back into that area to back it up to grade bring it back up to grade for DMF request

so that's it in a nutshell the reason that we're back looking for an extension uh so a combination of covid illness and retirement really has delayed the project to the point where um we're hoping to go Fairly shortly but that's going to be dependent on when the Department's uh are finalized time you do the work is time sensitive to all right good point yes we have a Fisheries window that we have to work

within right okay does the board have any questions now I just would assume that you need to remove the you know the water underneath the river just because that would be run off there what was that to be I'm from it from the side from the original site from the sediment do you mean yeah yeah yeah we will manage the sediment on the pier that's out there we actually had I believe is child's

engineering come in and take a look at the pier that's out there and make some recommendations for repairing repair that's all described so my question would be was it dump day or did it is it there as a result of runoff do you think it's a result of um a combination of factors some runoff some of it just direct discharges to the water likely that was the waste management practice

at the time this this operated for about a hundred years and it stopped operation I forget exactly when but typically these manufactured gas plants stopped operations when the interstate natural gas pipelines came online back in the 60s and 70s okay thank you so can I have a motion to Grant an extension oh one second hand for the maximum three years for the maximum three years hi

clay all right all right all right yes okay thank you all right great thank you very much next is a request uh correspondence review and discussion of draft material uh permit solution statement with conditions for Shell Oil Products I can give you some background on that so the the number of departments that get these notices we had actually sought out the um the expertise of a licensed site professional

um to review this this statement and this report that that has been done um he's comfortable with what they had proposed and we had just resolved that as of the 28th of November so you can place it on file but it has been addressed internally through my office Paul furland's office and the mayor's office as well okay I have a motion to place on file foreign

next discussion on 1262 Brighton Ave work so I can just give you guys a little bit of background I think you're all somewhat familiar with it because I cc'd you want to deliver that we had sent out we had gotten a call in a complaint with regards to some activities taking place on what was the old glicksman property I think you're all familiar with that at the bottom of Brighton Avenue where the rail trail

runs through to the west of it is the quickashan river the extension of it so there was some clearing activity going on I went out I spoke with Mr Mello he was very accommodating stopped doing the work immediately I asked him to come to the meeting today he responded to my email after that when I sent the letter that he would be here it's my understanding that he has sought out the expertise of a consultant Wetlands

consultant and engineer to put together a proposal not only for with regards to what has been done or what in what his General intentions are for the use of the property going forward so it has been somewhat of an altered site over time there has been some vegetation that that's been removed Mr mellow understands to leave things as is until he gets the work permitted the only thing I would ask is that um

some erosion control barrier be placed along the limits of where this new area has been altered uh in the location of you know the location of the wetlands itself other than that I mean if Mr Miller would like to add anything else to it but he's been more than accommodating and I think he understands the process moving forward now where he possibly did not before so I just want to apologize

if I broke any laws I didn't know this was my first property so um Joseph mellow um be here basically because you know we're here basically to find out what we have to do in the correct order is filed as far as filing permits so I can clean up the back of the property which is full of trash and debris left from the previous owner which is mainly what I was doing

so as long as we can you guys can let me know what I have to do I'll get it done and we can move on yeah so as we discussed you know the quicker you are engineer and your Wetlands consultant can work together the notice of intent to get before here then that's the quicker you'll be able to get to to back working on the site in any capacity okay so you

know the board can you know immediately ask or require that that the you know some type of erosion control we put in place sooner than later yeah yeah okay have you got uh contact with the engineer yet or yeah we're working with conco engineers and scientists yeah we have uh they're working on the phase one and then we're actually going to get the phase one phase two um I did have them give me an email just

so they you know let you guys know that we are working with them um and we're trying to do the right thing so okay everybody's backed up for weeks as far as you know that's why it's important to get some erosion control out there we did purchase that if you drive by you see it okay yeah we just want to make sure that we didn't want to go out there and install

it to get the okay from you guys first so okay does he have an idea when he's going to give you an answer on he said he needs a few weeks yeah so so January 9th might be suitable for you guys I'm sure they'll be pushing because they want to get out there I literally don't want to hold you up either so yeah I literally parked the machines where they

were I haven't moved them if I do want to realize that I move them from where they are you can move the machines yeah but I can honestly I can attest that they have not moved from the position he left them in on Monday morning I think it was yeah they're actually yeah that's all we want to do is cooperate I just like I said this is our first property I have no idea the process so

yeah okay I couldn't quite tell I'm very familiar with the path as opposed by the property did you you will now own the whole the whole thing it's the whole yeah that's all and everything the building and the property out back where the billboard is that's all one lot I own a construction and trucking company we've outgrown where we are now so I'm going to use it to park our equipment and work on our equipment

so uh we have a cease in the system where right now just not there is no formal enforcement action it was just a letter asking them to come here today so as long as the process moves forward I see no no reason for the formula if we just make a motion that you install uh erosion control around the area okay and then no workers to take place no workers yeah so can I just clarify something we

can work on the bottom half of that property correct Define bottom half of the problem is the building to the brain Avenue yeah okay I did just to make sure okay yeah the back just let's let's say from the bottom of the ledge to the well perfect yes and uh if I could add to that on the brain and have side the front of the building yeah there's two swales there that are full of trash and

uh it floods out our property because our catch Basin drainage goes to that swell we wanted to clean that out and also remove the fence out front because the previous tenant that was there destroyed the fence so I have no way of locking it up yeah so anybody can go in there at any time so we purchased concrete blocks that we were going to put a block wall in front instead of a

chain link fence so it looks better but we would like permission to install that so I can lock my equipment up if you want to give me the permission to go out and Yeah and look at something reasonable so I can go out and take a look down and go out and take a look and okay but yeah that does I did notice uh the swell was I think we even had some

uh grocery carts yeah yeah there's a Walmart car in there it's just loaded with stuff so do we need to to authorize yeah well yep okay so the motion we authorized Dan to go out and work with them to make appropriate changes so that they can proceed with what they can work on at this point in time second we'll call vote aye all right all right all right all right

yes okay thank you thank you thank you thank you thank you uh discussion on Bell Rock Road lands violations

so you may all recall um this has been a long drawn out process back in March the applicant had put together a scope of work for the restoration of this mind uh site where all of the rock was removed so remember dating back that this process was initiated through the construction of three single-family homes and that's what's allowed this Earth to work in a safe place the project had sat for a while not

completed then they picked it back up again there was a restoration plan in place in an original enforcement order that you guys had sent out I think back in February so the consultant and the owner came in came through with this rather lengthy plan of which areas were to be worked and restored and closed out during certain times of the year we're getting to the end of what that scope of time

was and you all had some concerns regard that we've made multiple site visits and and check-ins so we we've contacted the owners and again they've been very good and responsive I've actually met on site with Mr Jose and attorney zajac last week to go over what's happened prior to today's meeting so they've been very responsive I thought it was very important that they come and get an idea from the board

um what types of things you wanted to ensure were in this final restoration process my understanding is the earth removal process is complete so moving forward it is only restoration I had let them know some of the concerns that I had with regards to the final restoration but by all means I wanted them to come and have the discussion with you so they will be putting together a notice of intent for the

restoration area so this will no longer be in a response to the enforcement order in response to the enforcement order is a new notice of intent um it gives you the ability to condition things a little bit a little bit greater and holds their feet to the fire I think a little bit more so we'll allow them the ability to do that but I wanted you guys to have that discussion

um I'm just looking at a photo from March 23rd and then another one from September 10th you had quite a bit of wet Wetlands water in 2010 it's covered what kind of fill did you use was it from the property that filled in the water or can you tell me about that um and I'll with us also is um excuse me John zajac for uh for the for Berkeley Street limited

um with us also is the site superintendent Daniel Nunes um my understanding is that much of the material did come from that we are we are importing material for the restoration of the slopes but most of the material on the flat surface was just reconfigured from material that was on site I understand also that there was a recent concern because some piles of material brush stumps was seen on site

that was actually something that someone had dumped on our property we did remove that we did not bury that so um that was not ours it was not from the site we discovered it on our site we removed it to a disposal site that we also maintain on a different property it was not I when in speaking with Mr aguiar who's been very helpful in in guiding us through addressing your

concerns I I did let him know also that that material was not from the site we didn't bury anything there someone dumped it on our property we got rid of it it is I understand the gate had been down but we did restore it so the erosion control has been that's been I haven't been out this in the last couple weeks so the road controls back up around yes it's been reset okay

because it was failing right yeah when we were out there the other week it was it was up in some spots but down in a number and they have gone out there and and restored the rest of the silt fence erosion control barrier does the board have any questions yeah once this land has been restored what's the intentions with the land I know there was some talk about donating it or

whatever it was but uh what's yours we have I've been in contact with the Audubon Society we haven't reached any agreement with them yet but it's one of the options that we're considering for it we understand that it was permitted for three house Lots given the economic climate that we're heading into I don't know if that'll be practical and I also believe that there could be some problems in getting the site to perk

um so we are donation is certainly something we're still strongly considering and I have been in contact with the Audubon Society to that end when was the last contact yeah we did exchange some information with them they they sort of were trying to guide us through not that we were committed to donating it for sure but they were sort of guiding us through the donation process and what that would

look like from our end um they did reach out to me again recently I haven't responded to them that was probably within the past 30 days but we're still remaining in contact with them and that is one of the options we're strongly considering um I strongly support and you know they not develop yet but anything but including it as you would need to give to the Audubon if that doesn't work if something

happens there are other groups other possibilities because these other things um please let us know how we can help that's really what I'm saying most of them is what is expressed the desire to keep this as part of the bioreve rather than an isolated development in the middle of the Bible and then which were different estimates as to how far the damage goes when you if you put a let's say you for example took took a

hunk of land and put three single-family houses on it and then land around the yards that's a substantial damage to to a bio Reserve help them hope they can work out donation or purchase or something I think my concern it may be shared by the other members of the commission is just what type of fill is being done so yeah Fall River is historically a place where people would bring contaminated and fill

sites we just want to be sure that it's clean fill that you know obviously there's some standing Morty operating probably below the water table with that at that particular spots we're pretty concerned with what's being brought on site that's the concern it it is Sandy a silty Sandy film clean silky Sandy film where's it coming from from random location and RAM when we when we crushed stone and make

gravel it's the silt sand that comes out of it once it's dried we haul it okay so it's it's virgin material washed that's all and there's no alternative use for that you know yards grading yards you know shimming up yards and then looming over it yes okay so the rock that came out was with far more than the dirt that's coming back in I'm sure so it's in that game

waste not one okay so if I could when we talked about some of the restoration some of the items that the commission should consider is because of the elevation difference with how the site sits now from where it was previously it should be understood that the site be brought back to an elevation that directs stormwater to the adjacent Wetlands to either side of the property not to Bell Rock Road and that a

depression cannot be left on the site so it's going to have to be filled to an elevation that allows that direction to happen and I explained that to uh to the engineer and the attorney at the same time um we would also require one of them was at the gate be reconstructed which was great thanks for putting that back up because you don't want to create another issue for yourself um the board should consider some type

of site certification um either by the engineering firm or an affidavit something regarding the imported material whether a series of test pits are done now silty sand is is an appropriate fill but contaminated silty sand does not so you can have pure gravel that's full of oil so there should be some type of certification that the commission requests either of the owner through some type of affidavit

or understanding that they have not placed any fill I mean what's the owner you know goes by the wayside I don't know the potential liabilities that they would have if they were to go defunct probably none because I'm sure this is the only entity that that this Bell Rock Road LLC has ownership in or you could require that there'd be something done by the consulting firm to do random test bits through the area

that's been filled with where the water was filled with with new material to your satisfaction whatever that may be I don't know but you you I know you've all voiced concerned about the film material coming in so you you have the ability to ask for whatever level of protection and comfort you all want you don't want to find out 10 years from now that that we have an issue out there and it's something that

you didn't address today Dan how many test books would be I mean I would think if you did I mean it's really the low-lying area so if you were to do a grid of 100 or 150 feet of a grid so whatever that comes out to be the side slopes I mean it's it's done it's pretty much done they've done a wonderful job on it so this is really more about the material that that's been

you know entered into groundwater like we've stated before so I think a grid of 100 or 150 square some test bits you know yeah I know I think that we can witness them as well and we have I mean do you have any idea how long that gate um was in was opened and somebody else had access to it and it was dumping whatever they would open

it we had a time frame or an idea of how many well if they were dumping we would have seen it because well it was definitely stumps there and everything else correct yeah yeah but nobody we would I would have noticed if it was something different than our materials like that brush that was in America that's why we removed it the gate was probably down for six months Maybe but it's a backup yeah that

just doesn't make sense from what was just stated that that the material with the organic material was dumped on the property so yeah we just heard that that was stated to us that that it was illegal dumping on the property but you just said there was no illegal topic no no I'm saying that we didn't do any illegal dumping somebody else did um and we went back in I brought a machine and we

loaded that material out and we brought in more salty sand salty flow I think my concern is if it's been open for six months like that we have no idea really of how much contaminants or soil has been in there by that was dumped by somebody else and I think the Dan's point about testing it you know I think that's where I would go yeah all righty oh question what do you owner or

operator have any manifest or documentation from gravia that it comes from is there any such it's from their own yard right their own yard yeah so they should be above a lane for every truck that comes in correct it should be yes we have slips right yes so at least we could we you know we process the material in our own yard but we could certainly show how much material has been imported just to give

you an idea so I think if you file a notice of intent you know include that information as you know as conditions there's some notes that are on the plan for what will take place deal with you know the final loaming and seating um I mean this by the way the work that's been done is very well done done well done very well we want to acknowledge that it's just obviously we have

concerns it's a remote area anyone has access to it right you know I don't remember when I just walked went and walked around by the site I mean it it's clean it's well kept yeah so there's no issues or anything like that I'm sure they're going forward that's fortunately there is a lot of dumpling there is an occasional happening of severe dumping in isolated places in the fire reserve and you've

got one of them thank goodness it wasn't anything anything worse or there could be three oil tanks in the bottom of the bottom of the hole I could just say I come in there one time there was some household debris I called the Fall River Police Department they come down to pitches and we brought a container in and removed that like a six wheel or somebody did a clean out or something yeah we removed that but

we're not burying anything you know hazardous legal anything like that so again you don't have to make any final decisions tonight when they come in with the notice of intent you have the ability at that point in time to place whatever conditions and obviously we would like a little bit more time to prepare the notice of intent because I think we only had until Wednesday so okay yeah

well you know we want to see so sure of course already so the support which I mean table table the January 9th so we're shooting for the January no not the January meeting the February meeting probably okay what I think we'll do is we'll present to you a plan I think one of the items that Mr Aggie pointed out was to make sure you have a comfort level that when the final grading is

achieved that the water goes where you want it to go that it's going to continue to feed the downgrading Wetland system in a controlled fashion so we'll come in with a plan that shows a final grading scheme for the property we'll also I think have to show you the limits of what has been done to date so you have an idea the limit of work and that'll be depicted on any documents we submit

with any of this additional information in the final stabilization plan for the property as well so that's going to take a little bit of time to to get that information together I I don't anticipate being able to make it for the January meeting um I'll still be working in February then don't worry close Mr Joseph will be retiring soon yes end of February so I'll be able to see you at least one more time Allison

Allison will be here in March exactly February 6th so can I have a motion to table to February 6th

yes thank you terrific thank you thank you very much you guys have a nice holiday you too thank you uh next is discussion of Bible does anybody have any appetite to dig into this at all tonight or has anybody done anything no I have not made okay yeah that's fine

can I have motion on the table second phone call hi hi yes okay uh can I have a motion for approval of minutes from November 7th 2022 download second oh hi hi hi hi okay uh no citizen input can I have a motion to adjourn ing all right all right yes and you guys have a merry Christmas yeah