12.6.2021 - Conservation Commission

uh welcome to fall river conservation uh commission meeting uh held at uh public hearing on monday december 6 2021 5 30 in first floor hearing room one government center fall river mass consider the following petitions um so roll call this will start at your end here miss boyle here john grant here louis ferreira here is a kid james lawrence all members are present we also have with us tonight uh

nina pablo from planning uh department caitlin young planning and conservation agent and pamela martin from fred tv first on the agenda is old business uh we'll open the hearing to uh notice of intent is se-24-782 owner applicant is mass dot-dash highway division project location 79 and wall street follow a beta group on behalf of massdot highway division massdot is proposing to

reconstruct route 79 onto ball street to improve roadway conditions improve circulation and public access to the waterfront improve storm water management improve pedestrian bicycle infrastructure and create new city-owned parcels for redevelopment this was tabled from november 1st 2021 meeting hello hello valerie killed off with a massdot project manager and i'm laura krause with beta group i'm

lyanna denuzio with masqueut environmental thanks when you were last here we were asked to have cdm smith doing overlook for us just because this is one of the biggest projects we've overseen so we wanted to just make sure we had everything covered and to keep to make sure when it's finished that you know it's everything's going to flow right since we're the first ones on the blueprint uh

you got our thing from cdn we did there wasn't much changes do you have anything to i can answer that if you want to um so yeah we've reviewed the comments there were no major issues a lot of them were some minor transcription issues things like that there won't be any major design changes associated with the revisions it's just some smaller visions to the stormwater report which we can get you no problem okay

does the board have any questions no questions okay does anyone in public have any questions just uh ken fiola bristol county economic development consultants just a comment i'd like to make first i'd like to thank the conservation commission for doing its due diligence with the review of the um of the information provided to them by both bader and stop i'd just like to impress upon the

conservation commission is that there's a certain amount of urgency with this project where as you know massdot's trying to get this out for bid during the spring with a contract award sometime in august or september of 2022 which would allow for construction begin in 2023 as well so you know this is a project we've been working on for 20 years it's finally coming to fruition and now

you know the devil's always in the details but i know there's a lot of hard work being expended by both the city you know the city staff as well as the private consultants to adhere to the schedule i think at the end of the day we're going to have a project that's going to be the envy of the entire south coast region in terms of its impact on the community so again yeah i'd just like to

once again thank you for keeping lines of communication open and keeping this project on schedule and you know look forward with your people working together you know continuously to uh to make this happen and prescribe time schedule so thank you very much thank you so after we received the peer review letter i reviewed it with um kevin from cdm smith and we discussed you know as you said they

are rather minor things that remain to be addressed um both kevin and i fortunately cdm smith could not have a representative here tonight um but um we do both recommend that this uh be approved with one of the conditions being that you know all remaining um items on this be addressed with cdm smith and you know suddenly stuff to them they look at it and then they can give us the go to proceed with

construction when we get to that point but um at least uh cdm smith and i are both comfortable with issuing this with the condition that these be addressed you know after the hearing is closed and whatnot so i simply have one request if you have any more public meetings would you be sure to send a copy to the conservation commission of any notices absolutely i really regret having missed the one

that was a month ago and it was not there was no story in the herald knows by the way that i could discern and i went back two months it's a public notice that's not a story and i do not read all i do not read every public notices i do read the obits and i read a lot of stuff but i don't do the crossword puzzles and i don't read the old and i don't read

the public notices and i'm not saying you were you were negligent i'm saying that that communication nowadays particularly in this cold time is really tough don't believe me try running a church any other questions you can have the motion of close to here not

be included by available in all contracts plans certification dealings with the activity that is subject of this order and that are created are modified after the the date ordered along with the statement of that disorder shall subside any conflicting contractual arrangements with plans or specifications the afghans shall provide a copy of the order to this person or person supervising activity that this is the

subject of this order and we're responsible for ensuring that all persons performing that permit activities are fully aware of the terms and conditions of this order this order authorizes any activity described on the approval plans and approved documentation referred to and disorder any other or additional activities in this area within the jurisdiction of the conservation will require separate

reviews and approval of the conservation or aids agent prior to construction prior to any work commencing the site i'll display the dep file number for the order on the sign with minimum dimensions of two feet by two feet at locations clearly visible from the street the sign shall remain in place and visible until certified certificate of compliance is issued the applicant shall provide proof of to

the commission or its agent that the order of conditions has been recorded at the registry of deeds all comments listed in the cdm's method pure review letter dated december 1st 2021 shall be addressed by the applicant construction may begin only when confirmation has been given by cdm smith that all remaining issues are been addressed during construction the applicant and any person involved in the activity that

is subject to this order to notify the commissioner as agents immediately upon discovery of any matter related to this order that may affect any areas within the jurisdiction of commission a copy of this conditions construction plans and copies of the documents and reports shall be on site of crown commencement during any site work for contractors of you and the air team post construction upon completion of

construction final soil stabilization removal erosion segmentation control application shall submit the following the conservation commission to request a certificate of compliance a complete request for certificate of compliance were from wp a form 8a a letter registered professional engineer certifying the compliance of the property with disorder condition detailing any deviations that

exist and potential effect on the project a statement that work as substantial compliance with no detailing of the deviation shall not be accepted and as a built plan signed and stamped by a registered professional engineer or land supervisor so in post construction conditions within all areas under the irritation of massachusetts wetlands protection act can i have a motion uh make a motion to adopt the uh special

conditions second second uh i thank you very much thank you very much

if anyone has any additional conditions or anything um

okay next is of uh notice of 10se-24-783 owner applicant city of faux river project location is south of maritime street at westport town line followed by vhp on behalf of the city of fall river the city of fall river is proposing the extension of existing bike trail 500 feet to the westport town line located on an existing railroad bed and upgrades to a portion of an existing rail trail this

was tabled from november 1st 2021.

all right thank you very much i'm eric olson with vhb and this is shawn giadis with vhp and um we're here to present the uh cajun river rail trail can everyone see this okay i know it's a little bit behind you better than over there yeah that's right all right great all right so the um as you know the applicant is the city of fall river and as promised being my email i think

the uh the text gets screwed up when i compress the pdf of the four um figures that that we delivered with the with the application so i've included all four here so this is the project location um along the north shore of the uh south portugal pond just south of route 6.

and this is the um that's just that that's the aerial map a little bit more of a close-up thank you okay on the left we have the uh fema map you can see the uh the fema flood zone maps here and as you may have noticed from the application that there's no um set elevation for this particular um photo flood area it's just um a gps map overlay basically straight from the mass gs website and

and this is the nhesp map where you can see that there's a couple areas up here but nothing along the project area so project overview the applicant again is the city of fall river we're proposing to extend the existing cacaycon rail trail which was installed about eight to ten years ago 550 feet to the westport line they didn't extend it for for various reasons back when they installed the original

the original trail so this is simply to extend the rail trail 550 feet along you know what is now a previously disturbed railroad bed on this includes 10 foot wide paved path and improvements to the slopes of the existing abandoned railroad bread and it's not formerly the watupa branch of the fall river railroad the purpose is to provide bicycle and pedestrian accommodations and enable future connectivity to the

adjacent town of westport um it's located entirely within previously disturbed um railroad river bed easement adjacent to southwestern pond and it's been designed to avoid impacts to bank or land under uh a lane underwater um within southward super pond and there's uh i have a few slides of existing conditions just to give you a good idea um so yeah i mean this is uh this is just to the east of

of the existing trail and this one looks like here you can see it in two different uh two different conditions that's what it looks like grown in in the summer this is what it looks like in the winter time as you can see there's a lot of um you know vegetation there's a bunch of invasives as we talked about last month in there um you know right along the uh the bed

itself and there's um a fair amount of trees along the uh you know along the bank as well as you can see on the right hand side the bank pretty much consists of previously disturbed um you know stones large stones there's even like a grinding mill um stone right there on the right-hand photo so i'm sure many of you have been down here before so you know what it looks like

and on the right we'll be discussing it at one point of swale along along the north side of the project and that's a picture of the you know non-vegetated portion of the swale like right up on the westport line right there and um so this is the this is the plant set it's a little bit hard to see the well let me jump right to the impacts and then i i'll bring up the

plant set again with a little bit of color coding with the impacts so again there's no impacts to um to bank oil in on the water there will be temporary and permanent impacts to bordering land subject to flooding and there are will be impacts within the 25 foot no disturb zone um yep so no outstanding resource resource waters no priority habitat nor wear species or estimated habitat of werewolves and again this is

this is the plants that there's two sheets i'm i'm sure you've looked them over um in person with a hard copy too but you can see in yellow um 25 foot no disturb zone and then the 100 year flood flood zone pretty much incorporates everywhere that we're going to be working that's the second page it's the westport line there on the right hand side and so uh i wanted to discuss the area of impact so

i put these photos in here just to show you how it's going to work where you know what we have planned is as you can see here the wetland flags or the bank flags right there in pink and when you look at these photos they kind of show the bank you know the existing bank with the rocks and stones and of various sorts down below and you can see right here like the the delineation

of where the actual railroad bed is right here is a really good example where when we go to do the work we won't be touching this we won't be touching the trees we won't be touching any of the bank rocks we'll be sticking to the previously disturbed area of the of the actual railroad bed right out here so we will be putting our version controls right down there and keeping all the work within the actual railroad

bed itself so the order of work activities will be to install erosion and sedimentation controls install orange construction fencing around the work area for safety there will be some tree cutting um i'll go back a little bit just so you can see tree cutting would be most of the tree cutting would be like on the left hand the sulphur tuba pond is on the right and there's this like a what used to be an um

an active swale but it's all vegetated with trees at this point like so this this swell like right here runs straight up along the side of it and this is what it looks like further up towards the existing trail so as part of the project we would have some tree cutting within that swale but along along the bank all those trees along the bank will stay even even the ones that are um

upslope of the bank line we don't propose any tree cutting um on that side um there'll just be some brush clearing and maybe some tree trimming if there's any um branches coming over the work area you might just have to do some side trimming okay let's get back to that so on the like i said vegetation removal and grubbing within the work area removing existing railroad tracks and ties

grading within the footprint print of the planned pave portion of the rail trail which would be 10 feet wide and then installing the asphalt rail trail remove any temporary materials needed for site access and then restore the disturbed portions of the site installing loam and seed as needed and once stabilized removing um you know all all bmps erosion and sediment control we'll have a a program for the project the

non-structural practices would include temporary stabilization temporary seating permanent seating pavement sweeping and as we discussed last month i added into the noi um a couple of paragraphs on how to stock protect the stockpiles that contain invasive species so you know we won't be spreading those around structural practices will include include erosion control barriers catch space and inlet protection as needed

and a stone construction entrance and uh we will also be phasing the bmps along the bank i'm going to back up to the photos again the vmp oh yes sorry so we'll be putting most likely compost filter socks on probably 20 24 inches or so fence and hay bales depending most likely um most likely you know mulch waddles along this area here but what we have to do is we have to go

in and dig out those railroad ties and and there and and the um the railroad tracks themselves so it's going to kind of be hard to do both at the same time so what our plan was was to for the excavation install um the erosion controls do the excavation and then um and then in certain areas while we're working temporarily remove the erosion controls while we're doing the grading and then putting them back

um at the end of the day when we're done that way we can um you know get the work done but still have erosion controls in and i didn't put it in the noi but it's probably you can put that as a condition that you know no work you know we wouldn't be doing that type of grading work while it's raining out or any significant rain i really keep any sediment from going down into the pond

all right so all right so as far as regulatory compliance um we talked about this a little bit last month the project complies with the wealth and protection act regulations relating to bordering and subject to fighting to the greatest extent practicable mostly for the first one there will be as designed currently a small loss of compensatory flood storage volume um over over multiple elevations from

133 feet to 140 feet and we're requesting the commission's approval for a loss of approximately 217 cubic feet of flood storage volume if it's determined that the that the loss of 217 cubic feet will not cause an increase or will not contribute incrementally to an increase in the horizontal extent and level of flood waters during peak flows so as far as the condition number two proposed

conditions will not restrict flood flows the um in essence where we're really putting the elevation for the most part back to where it is right now we're just simply removing the railroad track putting some pavement in so we're really not changing the contours that much and the project will not impair the capacity of bls to provide important wildlife wildlife habitat functions we did talk about this a little bit last

month as well i conducted a detailed wildlife habitat evaluation and there's minimal important wildlife habitat characteristics present within the impacted area and the impact area is is previously disturbed and now the existing habitat degradation from human disturbance and the significant presence of invasive species you know already you know degrades the area quite a bit as far as the 25 foot no disturb zone

we're requesting a waiver from the city of fall river from that wetland buffer policy given that the entire project is located within previously disturbed area and the project is in compliance with the mass stormwater standards to the extent practicable as outlined in the stormwater memo which was included in the filing and this is just a few pictures of what it will look like representative um this is the existing

trail right now um these pictures all come from um just like this is this is the actual turn around and then in our projects is the 550 feet going you know from this little cul-de-sac right here i don't know how many of you have been to the been to the trail we've been to this end of it but and this is um on one side of our work area what it looks like this would be

you know area where we use for staging um but this is how we'll be putting it back together you'll have 10 feet wide um path you'll have uh your grass in certain areas and you can see here like you know what the bank would probably look like after we do some trimming and brush clearing and then we you know restore it and we'll have grass right on the side the bank will look exactly like

it does now minus you know a little bit of grass up there in the new paved area so now i know we we did talk about um well first off do you have any questions i have one question the stone construction stone driveway yeah do you know where about that yeah that'll be over the pages right yeah so there's currently two city accesses the breakup le pages properties so did you speak about the mic sure

there's currently two those two um bump outs at the top are city-owned properties so we were thinking the one on the left side we can sort of make a ramp down to the to where it widens out um to use for construction staging but that that's where we're picturing the um the stone ramp where's the restaurant from

they're going to be called a sack at the end of this one also i don't think so just because it will connect with westport the hope is i think that westport will one day build their own it'll just be a straight shot just in the meantime i know people in the fighting community are wondering it's going to be like it is now you get to the end that's it or is it going to

be any way of getting out to route six not it's currently designed no i think that would that would require us like going through a swale and then out to the sidewalk which is not part of the plan yeah

there is a paper street in there and we talked about this last time and you said it wasn't possible because one of the things we eric didn't like it but any change in that that was um remember we had uh drawn up the ramp up to the parking lot and the lepages was like heavily against it right yeah what had happened was uh lepage's restaurant um they were not

they they were not keen on that idea and they showed some opposition to using the old paper street access right there yeah even even if we offered to repave their marketing part of the parking lot and

okay i have one question the asphalt didn't get on it when it was built but what kind of asphalt are you gonna use is it impervious impervious it'll be impervious yeah i think um i'm not sure the exact makeup but there i think there's an inch of um smaller grade and then three inches of uh like intermediate course and then the gravel sub base and then but the tire itself is is impervious yeah why not

let the water go through um when it comes to altering storm water flows this area is just so small um and and the water would still end up in the same place whether it's pervious or impervious because right now falls on the tracks some of it will leach in some of it will go off to either side um and and and essentially all that water would eventually make it the southwestern pond whether it be

going down the bank or going into the seeping into the ground in the current swell and then through the ground and so just the 10 foot wide 550 foot long strip of asphalt just doesn't significantly change the storm water flow and and it all ends up in the same place right in the adjacent swale and i think the plan is to pitch it a little bit towards the swale so nothing's going

down the bank so we're not causing erosion or anything like that and it all ends up in the same place so i just think the the need for it's not like this is um like a you know huge development project where you're you know taking i know that no like foreign

which of which i made at the time of that construction of the the one that's already there was actually um and it was not widely supported but i was simply one of the bluestone because i'm concerned with it rippling the currents the current path is now rippling and it's been 15 years okay when you say ripping do you mean cracks or do you mean something you walk on it if they really get bad

you trip but right now you just write on it it's bumpy right um the east bay i mean i've seen the east bay big bike path clean rippled redone rippled and it's you know it doesn't they don't it doesn't last that long and i think the city of fall river unlike rhode island i think the city of fall river is responsible for the maintenance and upkeep i think i mean that's i mean i know

it might i think because it'll be it's essentially a city it is a linear city park so i'm just wondering if there's anything you can do to make it last longer ripple look or less you're the engineers i'm not um you think you're giving us the longest the best surface yeah i mean um we chose the same type of uh shared use path material that we typically use for massdot type applications

so i guess that's how we came up with the the paved structure but i don't know if it's something we could look into it's going to be the same pavement it's on the exactly that's that's yeah yeah unless that was maybe that was not um inspected well during construction or i know the lifespan should be at least like 20 years but okay well we'll see i don't think the part that's in the last 20.

okay you can you can look at it i mean the picture you took was gorgeous i wouldn't be surprised too if the rippling areas had um either roots and or water flow over them ah if there's anything like i don't know the whole path like i haven't been down the whole path because there's anything coming off site over the path i could that can cause you know i have nothing in the room

okay well i just wanted you to think about it and uh come up with anything to to make it longer remember our and this is our city is will be responsible for it and if you said 20 years it will be responsible for 20 years i won't need to worry about it but we'll let some younger folks worry okay thank you for doing this any other questions no questions all right uh okay so we're gonna

give motion uh motion closed public hearing so moved that's a second all right so our condition special conditions generally this document shall include all references in all contract plans specifications dealing with activities that is subject to this order and created or modified after the interest date of this order along with statements that disorders show to preside any conflicting congressional contractor

arrangements plans or specifications the applicant shall provide a copy of this order to the person or any person supervises the activity that subject to this order and will be responsible for ensuring that all persons performing and permitted activities are fully aware of the terms and conditions of this order authorizes only the activities described on the approval plans and approved

documents referred in this order or any other additional activities in this area within the jurisdiction of conservation requires separate review and approval comp commission or its agent prior to construction uh prior to any work commencing on the site the applicant shall arrange with the commission or his agent a pre-activity meeting between the applicant or the applicant's representative the person or supervisor

responsible for the work and members of the conservation commission or its agent the applicant shall display the dp file number for this order on a sign of minimum dimensions of two by two locations clearly visible from the street the sign shall remain in place visible until certificate of compliance is issued the applicant should write a proof of commission or his agents that the order

of conditions has been recorded at the registry of deeds the improved erosion control shall be installed or indicated on approved plans immediately after installation of erosion control the conservation commission shall be contacted to conduct a follow-up inspection to ensure erosion controls have been properly installed prior to start at work during construction the applicant and any person involved in this activity

that is the subject of this order shall notify the commissioner's agent immediately upon discover that any matter related to this order may affect any areas within the jurisdiction of conservation a copy of this order or conditions uh construction plans and copies of documentation reports shall be on-site upon commencement and doing any work site work for contractors to view and adhere to

under no conditions you know the operational equipment storage or materials stockpiling of soil or other site disturbances take place beyond the limit of work except where indicated within the plans erosion and sedimentation control devices shall be inspected after each storm event repaired or replaced as necessary erosion control devices shall remain in place and properly functioning until all

soils have been stabilized and final vegetation coverage and a conservation commission or its agent authorized a removal rip-rap material shall be clean and free of trash trees stumps roots and other debris material all vegetation removed prior to door and construction shall be properly disposed of off-site it shall be placed in a locational manner to avoid further spread of invasive plant species either through

tarpon bagging or other methods approved by commission or its aging post construction upon completion of construction final soil stabilization and removal erosion sedimentation control apple and shell submit the following to the conservation commission to request a certificate of compliance a complete request for sphere of compliance from wpa form 8a a letter from a registered professional

engineer certifying compliance with the property within the order of conditions detailing any deviations existed potential effect on the project a statement of that work substantial compliance with no detailing of the deviation shall be accepted and as built plans signed a stamped by a registered professional engineer or land supervisor showing post construction conditions within all areas under the

jurisdiction of the massachusetts wetland protection action conditions impunity organic pesticides herbicides fungicides slow release fertilizers may be used subject to review approval of conservation commission this show this condition shall survive the expiration of the order and shall be included as a continuing condition on the certificate of compliance though she'll be no dumping of leaves grass clippings

brush or debris into the wetland resource areas this condition shall supervise survive the expiration of this order and shall include as a continuing condition as a certain compliance work in the bank there's uh based off of what you had presented about removing uh temporarily removing uh sedimentation control along the bank area during finish grading i propose an additional condition not

listed on there that work along bank requiring temporary sedimentation control removal shall not occur during any precipitation event excellent which i think you would also yeah exactly we would have done that anyway that's the best practice that we would do yeah we'll have it in there too uh yep i have a motion make a motion to adopt the uh condition special conditions okay one more question

uh you mentioned that there wasn't much wildlife yeah there's a lot of birding a lot of birds no no i'm not um sorry not but there are no no i don't i i wasn't saying there isn't much wildlife um i did a um habitat assessment and specifically in the wording when you're doing a habitat assessment let me where can i find it um well this was recently yeah it's it's when you're doing a habitat assessment

you're looking for specific things um in in the area that are that are like uh key uh sorry i'm not thinking the words correctly but key you know ecological yeah ecological indicator species is that what um there it is important wildlife habitat characteristics so as part of that um when you go and do the evaluation this form lists off what the important wildlife habitat characteristics are and and what you do

is you go out there and you look for them that's what i did and so when it comes to important wildlife habitat characteristics those things are mostly missing for the most part it's in and it's all in the noi what i did find out there there are a few minor things um one one big one is tree tree cavities of any size or dead trees no not many dead trees um at all if any

um within the work area but if you have a dead tree that's you know um 12 inches around and has holes in it you can have owls living in there squirrels and and whatnot and that's the type of thing we're looking for so i'm not saying this is not wildlife i'm saying um according to the mass wildlife habitat evaluation form it's it's lacking important wildlife habitat characteristics

well you know i know some of that yep yep and like we've done you know i listened to i was part of the group that evaluated that area and we built the thing the first one what i'm pointing out is just so simple when you do construction are you going to do it in the spring though with birds nesting i can tell you that we just went there and boy the birding group found just

lots of birds there within the last month all right yeah i believe it war blues and so forth so that and that we know that it's also true in the spring so that you need to somehow be careful of that i don't don't know what you can do except try not to try not to dig the place up while the birds are nesting right we had one just we had one example of that the water department

did a lot of work while the eagles were nesting and i haven't been back since right that's a whole nother thing but i'm just saying that's yeah right right okay that it will disturb them so there will be some disturbance but we'll you know try to minimize as much as we can and then we designed it to minimize the actual tree cutting thank you thank you so you can vote now

that's where we are so we're having a second second second uh rojo vote hi hi thank you thanks thank you

okay uh new business uh request certificate of compliance sc 24-693 owner applicant is bristol pacific inc project location is highland avenue assistance map is u-01-0017 filed by scitec t t on behalf of afghanistan representative stupid clients cc has determined that all work permit has been substantially completed in accordance with order conditions and improved plans good evening for the record my name is

dan aguiar i'm a senior project manager at scitec cec with addresses here in the city as well as reign of massachusetts as the chairman stated this request before you is for the subdivision in its entirety of highland farms phase one i think you all know it uh fairly well after a number of site visits dating back to april with the city planner paul furland from the water department different

municipal agencies it has been determined that all the work has been completed in accordance with the order that was issued by this commission subdivision is really nice they really did a great job if you go out there you see all of the individual lots with signage and things of that nature that we're going to deal with with some individual requests tonight for some certificates of compliance but everything has grown

in all the pavement is in they did fix a couple of little patched pavement areas over the last week or two that we wanted to get done before we did come to cu all the drainage is in it has functioned very well uh through all these crazy rainstorms that we've had over the last year and a half so we're we're happy with how everything worked out um although probably a little bit of an over design

but you can see when you do design something to that level that you can comfortably say that there are no issues out there with regards to the wellness protection act storm water runoff things of that nature so we're very proud of how the project came out again we have a great client in bristol pacific that does a great job they don't cut any corners you ask them to do

something and then they do it which is a good thing so we're here before the board tonight asking for a certificate of compliance for the subdivision work now that's the roadway drainage ponds outfalls loaming seating commanding structures things of that nature so this certificate has nothing to do with individual lots every one of them will have their own individual filings before you any questions

no questions mr chair i just made a statement that i have been onto the site and have reviewed um the asvil and compared it to what's there and it and the um previous order of conditions and it looks like everything was completed per the plans and the approval so i recommend the issuance of the certificate compliance okay all right so can i have a motion to order a certificate of compliance assembled

an email indicating that there were potential violations at this property on bellrock road um a lot of you might know it it's kind of like i guess it's sort of like a quarry that they're using right now for stone um and i went out there and there were a lot of issues there was a porta potty tipped over in a wetland um there were um old siltation fencing i guess from a

previous order of conditions from like over 10 years ago that's expired it's another violation um throughout the area there was a lot of sedimentation in the road into the wetland areas including two catch basins that were so um compacted with sediment that they no longer functioned at all and actually i believe have caused alteration to the area of the extent of the wetland area

i issued an enforcement order you know back last month we have not received a response from the property owners at this point so i the enforcement order asked them to make some immediate improvements including resetting consultation controls proper street sweeping but we i had asked them to come in front of the commission to discuss the ongoing violations we have not received a response or the uh

postal card indicating that the nail has been picked up um so right i recommend ratifying the you're reissuing the enforcement order with the amendment that we ask that they attend the january meeting and that they have some sort of plan or idea of what they're going to do going forward for the february seventh meeting i agree are there current operations taking place up there when yes when we

were out dennis silva the city inspector and i went out and um we we actually pulled up and the first thing we were asked was are you guys here for some stone so it seems like the quarry business aspect is still going but it did appear that in recent times there was a lot of soil movement pushing um sediment into like in a budding wetland area over some pre-existing fence it's just overall not

particularly great out there especially as when it received its uh order of conditions years ago it was not considered uh estimated habitat for you know rare endangered wildlife but now um with the most recent uh recategorization of all that and the remapping it now is so i've also um you know let um natural heritage and the dep know about that as well so do you know if they visited this site at all

no they're actually waiting for me to hear back from the owners okay um because they'd like to attend any site visits but you know it's always best to get permission so yeah all right so our next meeting in january is the 10th it's the third or third i didn't okay can i have a motion to reissue the orders and ask the uh the owners to attend our next meeting held on january thousand twenty two so

second second all right both passes

uh next is a notice of intent sc-24-784 owner african as department of conservation recreation project location is edmond house trail filed by the department of conservation recreation vcr is proposing to use prescribed fire to restore they manage a pitch pine opening forest woodland for long-term management just before we get into it do you have proof of add in the paper yes awesome just got to make sure we got it

i also have a support letter from mass wildlife

those things can always can be a little tricky i've had my fights with them before okay

all set i'm paul gregory the management forester for the southeast district for the massachusetts department of conservation recreation otherwise known as dcr i'm here to discuss the noticeable intent to allow prescribed burning within a wetland and so in its associated buffer and portions of the freetown fall river state forest and the southeast mass bioreserve the freetown fall river state forest is

owned by dcr and the southeast mass bio reserve is jointly owned by dcr and mass wildlife this is not to be confused with a larger partnership southeastern massachusetts bio reserve but these do make up part of that larger partnership although we try to avoid wetlands dcr has been encouraged by mass wildlife and natural heritage to allow prescribed fire to enter the wetland for ecological purposes

we are proposing just to restore a fire dependent natural community of a pitch pine oak forest restoring this natural community with habitat for a diversity of species historically these pitch pine and no communities evolved with fire without regular fire events pitch pine and oak community will become dominated by general generalist plant species which is currently being observed mostly

being white pine and red maple the wetland trees consist of pitch pine oak species and red maple red maples mostly surround the certified room pool vernal pool that exists within the wetland hatch and right shrubs in the wild are mainly high bush blueberry milberry blue huckleberry sweet pepper bush and scrub oak green buyer is also present with some thick patches the wetland itself is

approximately 9.5 acres and exists within a 20.5 acre burn unit one certified right there's one certified verna pool in the wetland and there's one between the 100 foot buffer zone of the well and the smaller one up here a night a 9.6 acre spot fire occurred during the night following a june 18 2021. did you move the microphone a little closer sure no problem no problem a i'll just uh a 9.6 acre spot fire

occurred during the night following a june 18th 2021 prescribed burn in an abundant burn unit burn unit eye very few pitch pine saplings are present across the wetland or the upland pitch pine oak forests are a fire dependent natural community and are threatened by the suppression of fire fire an important ecological process as it facilitates nutrient cycling stimulates and maintains seed banks and helps

maintain the open structure of this community the project is within priority habitat of rare species and within estimated habitats of rare wildlife eastern box turtle has been documented in the product dairy and is listed as species of special concern a habitat management plan has been approved by natural heritage that involves monitoring four such turtles there will be minimum disturbance

besides fire in the wetland as a sprinkler system would be installed the sprinkler system is a series of tripods the sprinkler on top is shown in the bottom left hand corner they're linked together by flexible water hose they're not permanent they can be put up very quickly and taken down very quickly they just sit right on top of the ground no vegetation needs to be cut further installation

the sprinkler system will be located in the wetland at its uh smallest width right here in in between the from 125 foot notice terminal zone to the other side of the 25 foot no disturbance zone and um yes and the approximate length of the sprinkler system is about approximately 137 feet additionally mode fuel breaks will need to be established prior to burning shown here on the dark lines basically we have to

surround the fire prescribe fire so we can get access to it there they're basically just mowed temporary strips through the forest to reduce understory vegetation to enable access by fire trucks and fire crews our typical width is 16 feet they're only in there they will only be up they only will be established in the upland to within 25 feet of the wetland no water be extracted from the wetland or the vernal pools

steel fence posts will be installed at the intersection of the fuel break and the 25 foot no disturb zone to inhibit vehicles from getting any closer to the wetland fuel break installation will only occur from november 1st to april 15th per the per the approved habitat management plan to an impact to eastern box turtles and additionally maintenance mowing will be done as needed for the fuel breaks but will be kept to

a minimum as possible dcr request approval of future fuel brake maintenance is part of this notice of intent we respectfully request that the fall river conservation commission find that the proposed prescribed burn restoration activities meet the criteria of an ecological restoration limited project and issue an order of conditions due to the nature of the work dcr re also request a five-year order of conditions

in oh any questions yeah i actually have a couple wishes for your sprinkler system what's your water sauce going to be that'll be the we have fire trucks that can hold up to 600 gallons and we also always have a tender that typically holds 5000 within just a few minute drive of the burn so this burning would take place between november and april the burn itself could take place any time of year just the

mechanical installation of the fuel breaks due to the machinery can only occur from november 1st to april 15th just my concern is that vernal who's become really active in the february beginning of march and i would be concerned about any type of activity taking place out there to stop that migration back to the vertical pool so i don't know if we can include that in the order of conditions that

nothing take place beginning mid-february beginning of february through um um once the drone pool dries up well it depends i mean some years it dries up and some years it might not dry correct but the species that rely on a vernal pool for reproduction yes they typically stop those migrations mid-february it depends on the lunar cycle and things like that and prop you know proximity so right any any

disturbance difference to the area prior to that would disrupt that natural migration back to those pools i just think it's something to be considered it's a relatively long no i mean that's i mean putting a time restriction for the burn isn't isn't it a big issue for us no i don't think it is and i know you've done some prescribed burns already right um and they've i've been out there they

seem to go pretty well so i mean i i have no concerns with that that that's my own concept no that's that's that's fine yeah we can develop right for that yep okay so when you talk about a burn how big is the area that you're going to be burning in this case we would typically well this product this project is involves five called units with one unit containing the wetland and

we typically would do one unit per day just because of manpower and how fire slowly goes across the landscape so in this case it's a 20.5 acre unit with a basically half of it being wetland and that would probably be a one day event just because it is a special unit in this case with the wetland but fire itself would be we wouldn't have to put fire on the ground we have drip

torches but we won't have drip torches in the wetland just basically allowing the fire to go into the wetland to kind of do its thing so you have places that won't burn and you know places that will kind of give that a mosaic feel to it okay uh one question you mentioned monitoring the easton box

we do have a turtle monitoring plane it's very very simple just go out after the burns cheap fine if there isn't search for turtles but they have to be you have to be a certified turtle inspector through mass through natural heritage which i am and other people are and then you find the turtles gps and take pictures of them and report those findings to natural heritage aren't the turtles

dead by them no the turtles themselves can turtles themselves can survive prescribed fire there's been actual video down on the cape cod joint base where a turtle actually went in front of a camera during the burn burrowed into the ground and then came right back after the burn went over the relatively small area so wouldn't you walk the area oh yeah would definitely yes yes we would walk the air first yeah

definitely control control burns are typically a low temperature burn so you don't get that right in the in the the fire itself is typically quite slow i mean it's especially with the wet right i mean you could you could walk out walk it backwards of the fire typically it's very very slow right you'd think because i know that if you're going if you're on grass in a turtle area say quit

basically people walk ahead right in this right right in this case the head of the fire there you could walk ahead of the fire yes that's not that's typically there's always we always surround the fire with people anyway just so there's eyes and eyes on the ground so in case there's a spot fire or something else or public coming in or anything that i could disturb well that could interrupt

operations that we needed with that we would have to stop the burn but in this i in this case the the actual mowing of the fire breaks can only occur during the dormant season where the turtles are typically underground right you know what i was talking about no the burnt the burn natural hairs doesn't think this is also kind of a test run for natural heritage as well they kind of they're very interesting to see the

the relationship between prescribed well between fire and turtles and this is kind of a like a um like a pilot right a pilot project and they're actually um mass wildlife and umass has actually just put in a for a phd student to monitor fire and turtles on the ground so this is they want to see what happens basically could we ask the stipulate that we get a copy of the board on one of the journals

a copy of the report yeah he's just talking right because we any right well the monitoring yeah the turtle monitoring report right new sweeps yeah that's no problem the sweeps are going to have to occur a little before even a couple days before the work begins typically we do it the morning of okay because right we do that for burns that aren't even near the wetlands just because the whole forest is

a habitat so the dew sweeps and these curtains have been taking place for some time it's common practice um and they've been taking place for some time i know there was some i know they i i saw the fire breaks last spring for what took place here right spring so it's common uh forestry management practice to do these um right that is in fact a common practice right before any operation there has to

be monitoring for turkey and this is the first chance it's come to the conservation commission the i can tell you that the electric company said i think it was 28th they tagged the box turtles they said they had 28 different turtles tagged around and that's not that far from where you are no there's we've seen turtles before yeah this so this is a important this is an important issue this one it's always saying okay

any other questions now the same is true i didn't quite get by the way i thought i heard you say two things on the uh girl pool one was that you weren't going to burn at the time when the uh when the frogs and salamanders and so forth were migrating right that's right that's perfectly fine correct that's correct so you won't burn dirt you won't burn during march or late february

correct that's not that's not an issue fine

do we have a motion

for this one since it's kind of a different sort of project that we're used to seeing so um one condition they are requesting five year instead of three years so that would be one condition you could um you know some of the things he's mentioned like you know no mowing during active um like turtle movement season um right which is a tradition of the habitat management plan anyway

because a lot of these items are already like conditioned by like natural heritage oh you know there's a lot of things that are written down in guidelines um i just think it might be a good idea if we restated the most important ones which were had to do with protection of turtles and protection of the vernal pool so he said february till end of march march all right can i have a motion that uh

and the turtle stuff too yeah uh we'll take no burning from february to march uh grantham uh five-year extension on burning turtle monitoring report and then reiterating all of the points from the uh from the application regarding like the time constraints and the term management plan they have okay and no mowing during uh migration uh i think that covers this can i have a motion second second uh vote aye all right

all right people passes

very good thank you all right uh next is a requested certificate of compliance sc-24-488 owner application is wade uh ontario junior project location is 609 d strength street systems map is e-27-0043 followed by wade monterio jr requesting assistant appliance engineer was alexander

did anyone else get a chance to go out there i'll just stick your name and address wade montero new addresses 402 union street new best massachusetts um did anyone i i got a chance to go out there did anyone else no no did you collect him i didn't yeah so for the most part the work's been completed the one thing that was interesting is there is a shed that has been constructed back there i did not

see an rda for it because it is in proximity to wetland resource area but it is it does appear to be pitched as far back from the wetland area as possible and there is a minor exemption for the construction of sheds outside of the first 50 feet of a wetland um boundary so i'm not terribly concerned about it because it would have been approved through an rda to begin with um granted you know

didn't go through to get it but at this point i'm not sure we should be holding up the certificate the certificate of compliance and the sale based upon the fact that there's a shed there um does that make sense yeah yeah can i just add the shed was there when i bought the house so it came with the house disappear reappear okay any questions can i have a uh motion two grand certificate compliance still moved

second uh vote aye aye all right all right thank you thank you for your time thank you thank you for your time all righty the next long list request a certificate of compliance with se-24-706 owner applicant highland farms development llc uh project location 25 highland farm uh 2.01.059 mr chair um for time's sake unless anyone has any specific questions about any of these individual properties

i would recommend potentially voting on it as a group as opposed to each one individually unless someone has seen something on site to kind of indicate that maybe one of those shouldn't be issued at this point you're going to have a motion to take as a group so moved so that's number i think what was it five through 16. we need your vote on this actually i looked at the retention point

so we're going to take uh it's just not an approval of the thing this is approval yeah okay okay so i'll read all those in there to five through 16 16.

okay next uh with this condition uh there's the special certificate of compliance se-24-709 over is highland farms development llc project location is 93 highland farm road systems map is u-01-0 5-4 followed by zytek requesting specific uh seven is request for certificate compliance sc-24-712 owner applicant is highland farms development llc project location is 133 highland farm road assistance

tech on behalf of application question security compliance uh eight is a request for certificate of compliance sc-24-717 owner applicant highland farms development project locations 113 highland farm road this is matthew 1-0053 followed by scitec on behalf of that request clients nine is the request for a certificate of compliance sc 24-720 owner application is highland farm development llc

project location is 2691 highland avenue cesar's map is u-01-0058 filed by zytek on behalf of uh applicant request specific compliance 10 questions particularly sc 24-7 owner applicant is highland farms development llc project location is eight steep brook terrace assistance map is u-01-0057 filed by scitec on behalf of applicant requester certificate of compliance 11 requests for certificate compliance se-24-731

owner applicant is ivan farms llc project location is 81 hackfield lane accessories map is u-01-0040 followed by scitec on behalf of applicant requested certificate of compliance 12 a request for compliance uh se-24-732 owner applicant it's highland farms llc uh project location is 7-0 pasture way sensors map is u-01-0049 followed by scitec on behalf of affluent requesting associated compliance

13 is a request for certificate of compliance is sc-24735 owner applicants highland farms development llc project location 41 hatfield lane uh sister's math is u-01-0042 followed by scitec on behalf of applicant requesting a certificate of compliance uh 14 is a request for clients se-24-736 owner applicants highland farms development llc old pasture way accessories map is u-01-0050

followed by scitec on behalf of affluent requesting particular compliance 15 request specific compliance sc-24-737 owner applicant is highland farms development llc location 61 hayfield lane census map is u-01-0041 followed by scitec on behalf of african request certificate of compliance and the last one is 16 is request for certificate of compliance se-24-738 owner applications highland

farms development llc project location is 101 a field lane uh assistance map is u-01-0 followed by zytec on behalf of uh afternoon requests particular compliance thank you i can add something just quickly so uh again as i previously had stated these would be certificates of compliance requests for individual lots for notice of intents that had been approved by the commission all the work has been

completed uh in accordance with the order uh after our review and we offer that through the filing of this and the cover letter that came with it illustrates that that we believe all the work has been done in accordance with them with the order um mr chairman you take a statement as before i went out to the site and it does appear that everything has been constructed per the plans and per the

order of conditions it was issued for this work so staff recommendation is that we issue the certificate of compliance for all 11 of these orders any questions no questions so can i have a motion to uh issue a uh certificate of compliance soon second local vote hi all right okay thank you very much next is uh 179710 sc 24-791 owner applications highland farms two development llc hayfield lane lot one this map is

u-04-001 and u5-005 apo file on behalf of scitec on behalf of application uh post-construction of a single-family dwelling with associate grading utilities with 100 foot to border vegetated wetland all proposed activity falls within the previous approved limits of the work erosion control barriers along the work line good evening again for the record dan aguiar from scitec cec and as the

chairman stated this is with regards to the filing of a notice of intent for lot number one in the second phase of highland farms so lot number one is starting down towards the courtney street end of the project the commission issued an order of conditions for the subdivision itself highland farms ii probably six months or so ago work has been begun on that site all drainage is in detention ponds are in

they're actually getting ready to pave hopefully by the 10th of this month when paving plants are supposed to close so they've been moving along very quickly you may recall maybe two months ago you issued orders of conditions for probably a dozen lots on the hayfield side of this subdivision out near the existing highland farms phase number one so we did again clump a bunch of these in and file them all together

i'm not sure if you the last time we did i gave you a presentation on all of the lots and then you dealt with them so we can do them one by one if you would like or if i can just give you an overall presentation of each individual lot i'm not opposed to doing it either way i do know that it's lengthy but it's it's up to the commission how they would like to

move after speaking to city planner bill kenny we do have to take individual votes on them but you could group the presentations together it's up to you guys what you would like to see that works okay so again it's going to be super repetitive but just knowing moving forward on all of these what i've done is i've colored the bordering vegetated wetland in green and pink is the previously approved

erosion control barrier for the subdivision in orange would be the proposed house blue is the actual lot itself and then yellow would be the 100 foot buffer zone so they're all going to be just about identical some of them the work is closer to the wetland than others but all of the proposed activity falls within the previously approved limit of work and the site is entirely cleared and already graded

to accommodate this next phase so all the limited work areas that you see shown on these plans work has already been done up to that through the subdivision permitting for the subdivision in that order of conditions so our first law and i want to hope you guys can all see this fairly well so a lot number one for orientation purposes this would be courtney street running along this side of this page so as we come in

up to hayfield lane the our first lot on this right hand side we're proposing the single family home again this green area is the limit of the bordering vegetable wetland approved under an ad rad for this commission this pink line is the previously approved limit of work under the old the original ordering conditions orange is the proposed dwelling we have driveway and most importantly when we're dealing with

these is roof drain dry wells to collect all of the storm water that comes off of this roof area the driveways themselves are pitched to the roadway and all of that storm water has been approved through the subdivision permitting through that drainage system catch basins storm sectors and detention ponds so this is probably where the work is closest to the wetland as far as as far as the home this

proposed home would be about 10 feet off of this wetland but again this is an approved limit of work and it is currently cleared up to that area so hey this hay bales and soul fence line is already in uh and of course this order would require that that also keep getting updated for this law individually the original order for the subdivision also requires for this to be maintained but this new order will again

reiterate the fact that this needs to be maintained during the construction process for the house itself so that would be lot number one so now this is where we come down through the very first depression where there was a wetland crossing through our site and we have a cover that we proposed running through here so now we're going downhill into the subdivision get crossing through this wetland area and we're

coming up on lock two which would be on that right-hand side the lot we just looked at was just here this would be the swath of wetland that came through where the culvert is again identical almost identical mirror image ordering vegetated wetland previously approved limit of work proposed dwelling 100 foot buffer zone and again green being i'm sorry blue being the lot itself what we've done on these is

we've tried to incorporate as close to walk-out basements as we can on all of these to minimize the amount of filling in the backyards and we've had to institute some retaining walls in some areas to minimize that filling as we get close to the wetland as well this one we were able to grade out normally so sometimes we can't get a full walkout but we can at least do it partially so

we can get some windows in the basement and put some light in that as well so again same single family dwelling proposed driveway with storm water running out to this existing catch basin system into a run to a detention pond that sits up about on this location a question sure how close is the house to the 100 foot area 25 foot here don't do anything on them this is the 100 foot buffer zone so the entire

lot falls within the buffer zone the green line is the weapon the house is no closer than 10 to the wetland and this it was determined that the 25 foot no touch policy did not apply to this subdivision because it was permitted and approved prior to the institution of that policy you all i don't know if you were at the first meeting for these but we discussed that at the first meeting and bill felt that

it was appropriate not to incorporate or institute that policy for this subdivision where this was already a previously approved limit of work for the secretary that's what i was thinking now as we start continuing through the site and we get away from again this wetland in this location on this parcel here's the buffer zone so we basically have an entire lot between us and the wetland so the buffer

zone barely touches this lot however we felt the need to file with the conservation commission of course rather than file just an rda we decided let's just file them all as notice of intent so everybody has the same conditions and the same process erosion control proposed down in the down gradient portion of this site as well orange because this lot has no wetland we were able to build a larger house the

same stormwater management standards with infiltration chambers from all of the roof areas as well one question for the trades shown are they already graded or is it no no what they've done is through the subdivision because overall drainage for the subdivision with getting water into ponds so everything is cleared some preliminary grading is done okay there is additional grading and filling to do

once the foundation gets put in okay and that's what's shown as proposed yes so the darker lines with the you know with the circles with those are proposed rates lot number four i just i had it in this group set because we did them all did not require a filing because there is no buffer zone uh associated with that law so that's one we don't have lot number five again bordering vegetated wetland is down

in this location you know beyond the next lot down yellow is the 100 foot buffer zone so the house just barely clips the buffer zone but again because that corner of the house and some of this rear yard rating falls within the 100 foot buffer zone the filing of a notice of intent we felt was was appropriate again orange is the house blue would be the lot and of course on these as well three

three locations of roof drain drywall chambers that we'll be putting in everything that you see here is identical to what was permitted on phase one so everything that they were made to do there and lived up to were asking for the same thing to carry over and that was through the permitting process everybody's concern was as long as they do things the way they did it on phase one we'll be happy

uh okay lot number six again blue we've got a little bit of an outer shaped lot here bordering vegetated wetland is down in this location the house is located up here this yellow line would be the 100 foot buffalo drain dry wells up in the front location of this house up near the street again pink would be the erosion control barrier set lot number seven again green being the bordering vegetated wetland this lot a

little bit different although the proposed limit of work didn't change much this lot does have steep brook that runs along this portion of the site so we do have a 25 foot no touch zone for that 25 foot riverfront area that is maintained through that so this limit of work area that you see here was always proposed to be at that 25 foot no touch a little bit of a smaller

house pushed off in this location so that we could continue to provide the uh the 20-foot buffer to steep rook erosion control would be wrapped around the down gradient portion of the project as well this is now bringing us through where steep brook and the existing culvert that six foot diameter cover is located that would be right here in this location just for orientation purposes we then jump to

directly across the street so we just looked at lot six so anything north of this culvert that's the group that we had permitted i think in july i think was when those when those orders were issued so now we jump across the street again very similarly we're dealing with buffer zone that you see shaded in yellow we do have that same 25 foot no touch zone to the top of the bank of the river

and then the bordering vegetated wetland actually falls just inside of the limit of that that form of vegetative wetland so again the proposed limit of work was previously approved and this continues out there's a detention pond back in this location so the proposed house is in orange again roof train drywall locations as previously discussed on the other lots so now we're heading our way back down to foggy street

just looked at this lot here now we're coming around this first cul-de-sac of stony brook circle again wetland in green this dark black line is the top of the bank 25 foot no activity zone shown in pink previously approved limit of work shaded in pink in this location proposed dwelling roof drain drywalls

coming around the cul-de-sac again identical with green being the border reporting vegetated wetland 25 foot no activity zone this is one of the larger detention ponds that accepts drainage from from this part of the cul-de-sac so there is an additional wetland that wraps up behind there but this one the entire lot encompasses by the 100 foot buffer zone smaller house on this one shaded in orange blue again being the

lot line and pink being the erosion control bearing coming around the cul-de-sac a little bit further again bordering vegetated wetland in green pink being the previously approved limit of work in hay bale line house pushed over no closer than 10 feet this is one of the lots where we're going to be installing a retaining wall so that we can minimize the amount of filling that needed to take place

they're expensive but it lets you have a flatter front yard but you do have to spend the money on putting that wall in now as we head out towards this long stretch of hayfield of hayfield all of these homes sit as close to hayfield as possible there is a detention pond behind them and then the wetland is beyond that pond again itself so green would be the bordering vegetated wetland this would have been the

previously approved limit of work for the subdivision for when we were building this pond what we did do was propose a new erosion control barrier just for the work for the house so that way any work that takes place here doesn't find its way into the pond so this lot and you'll see on the plans there's a longer bold line that's the previously approved hay bale line new hay bale line is the shorter dash

line but it's called out as new hay rail line as well so almost identical to that we've got this very long large long detention pond behind the house and new erosion controlled barrier set as well roof drain dry wells again on these all of them have that and that was all part of the subdivision as well this is the last one before we get to that first culverted crossing where we basically started with lot number one

and we have this proposed house here new hay bale and silk fence line shown in pink this green line would be where the original hay bale and sulfate's line was proposed retaining wall again on this side so that we can minimize the amount of fill coming up uh adjacent to that level and then we have our last lot which is lot number number lot 27 this is probably the tightest lock we had to incorporate using

uh retaining wall along this side again this green line would be the bordering vegetated wetland and previously approved limit work the attention pond to the rear and we propose new hay bale and sole fence line wrapping around the new limited work for us for the house itself what happens is when you have a developer that's responsible for the subdivision construction and that hay bale and still fence theoretically

someone else could build this house and be responsible for their own hay bales and still offense this is all the same developer so we kind of don't have to worry about that but we do want to make sure that it's on the plan in case someone goes by and then the last lot again yellow in his buffer zone the bordering vegetated wetland here again is is beyond the next lot over will be located here

detention pond to the rear of that project as well orange being in the house and roof grain drywall is proposed for reachable so they're pretty repetitive at no point is any house closer than 10 feet to the border and vegetated wetland at no point is any of the work go beyond the previously approved limited report any questions i do know caitlin has a set of quarters because we've talked about this and

kayla's done a wonderful job i'm sure you're all familiar with that but um again for certain lots that are more intense or closer to the wetlands i know she has different orders of or different proposed conditions yeah that can summarize that really it's kind of most of them all have the same order but really it's like number three and number five whereas you're not directly a budding um

like like a detention pond you're not directly a budding wetland area or really within the hundred foot those are the two i would say you know maybe not move forward with requirements on the draft special condition requirements number 35 and 36 which would be installation of signage which since there's no wetland back there the signage wouldn't really pertain to anything anyway and 36 which is the

construction of a um like a permanent demarcation such as fencing or putting in you know large rocks so vehicles and lawn mowers can't get through um those are the only besides that i think the rest of them i i can see having the same all all 36 of the conditions on that list and a lot of them are you know a lot of the basic uh ones that we're probably going to have for most projects

going forward um with just some additional ones in purple well that was what one and five yeah i would say three and five i think you said five since they don't directly a bud there are lots between them and the wetlands yeah so the buffer zones just barely catch them but all the other ones um even the ones um like 24 22 23 24 25 26 27 28 where there may be detention basins behind the

houses the way i've worked it is that the it's a a permanent boundary would be even there if it's storm water vmp so they would still need a permanent fence or whatever along the stormwater detention basins which i'm pretty sure i'm pretty sure that fencing is required in the subdivision like it was on phase one yeah i'm pretty certain it is but the way i worded it just says you know a

permanent uh demarcation along wetland resource area um or stormwater like a detention basin so now can we take three and five out of orders yeah well the only other thing i'd like to point out is that um you know there are 14 detention ponds in phase two correct no five five five how many in phase one six six or seven and this really has nothing to do with with the first the

pacific or scitec or anything like that it's just consideration and i want to put it out there that um once these streets are turned over to the city the city owns all these protections and they don't last forever and they do require minimal upkeep but yeah i mean someone keep making sure certain certain towns you know and cities spend more time and effort cutting the ponds i mean they should be

cut at least once a year um i can't say that fall river's been the best at maintaining detention ponds um but they have a lot of detention ponds so right so i mean it does make it difficult yeah i mean it's just something to consider it's not again it's not for discussion this evening but at some point the city is going to have to come up with a management plan for all these detention ponds because

quite frankly they do need to be maintained at some they don't last forever at certain points they do fail um so it's just i want to put it out there just for public record that at some point we have this is actually quite new to me you know we have to um have some discussion or someone in the city has to have some discussion about putting together some type of but what happens is when

when the road gets accepted by the city council and there's a process for that we first we get a certificate of compliance then the planning board will review it make a recommendation then it appears before the city council and they determine whether or not they want to accept the way when the way gets accepted all of the conditions that were part of the original subdivision approval which detail

maintenance of all storm water management catch basins storm scepters detention ponds all of that maintenance carries through right now whether or not they they do it or keep up with it and it's not only for i mean most municipalities do not uh take care of the things to the degree that they would force a developer or an applicant to do um the city's mindset or almost as water still flows downhill you know it may not

function exactly how it was designed it's still going to function but probably storm scepters are the biggest thing right so dep pushes all of these proprietary storm water management treatment manholes and catch basins and they're all great they cost a lot of money but they do have to be maintained otherwise they don't work so luckily the city does have a vac truck and they actually do a good job of maintaining

those they do some municipalities don't have the ability to do it themselves and that becomes very costly so a lot of towns are now catching up with the fact that hey we need especially with ms4 and like all their stormwater that they have to take care of once they accept these roads the maintenance of these falls under their ms4 permit for maintaining roadways so a lot of towns thank god fall river does have the

ability because i'll have towns asking me oh we want a storm scepter here or we want a vortechnics unit here and that's all well and good but as soon as private property is one thing a parking lot the owner is always responsible but when you put them in a roadway they do need to be maintained so mr boyle is 100 correct with that yeah so can i have a motion to take out a border uh

lots three and lot five so moved second vote all right so uh this is for uh notice of intent on sc-24-780 hayfield lane lot three and then those of the tent sc-24-786 hayfield lane lot five uh special conditions this document shall include in all reference in all contracts plan specifications dealing with the activities that is subject of this order and are created modified after the instance

date of this order along with statements with that disorder show to precede any conflicting congressional contractual arrangements plans or specifications the applicant shall provide a copy of this order the person or person supervising the activities that is subject to this order and responsible for ensuring that all persons performing and permitting activities are fully aware of the terms of the condition

this order authorizes only only the activity described on the approval plans and approved documents referred in this order any other additional activities in this area within the jurisdiction of the commission will require separate review and approval of the commission or its agent prior to construction prior to work uh commencing on this site the applicant shall arrange with the commission or an agent a pre-activity

meeting between the applicant or the applicant's representative person or supervisor responsible for the work and members of the conservation commission or his agent the applicant shall display the dp file number for this order on a sign within 200 i mean dimensions of two feet by two feet at location clearly visible from the street the sign shall remain in place visible until particular compliance is issued

applicants should provide proof to the commission or its agent that the order of conditions has been reported with registered deeds approved erosion control shall be installed as indicated on the approval plan and shall act as the limit of work immediately after installation of erosion control conservation commission shall contact to conduct a follow-up inspection to ensure that erosion controls have been properly

installed prior to the start of work door construction the applicant and any person involved in the activity that is subject to disorder shall notify the commissioner or his agent immediately upon discovery of the matter related to the orders may affect any area within the jurisdictional commission um a copy of this order condition construction plans and copies of documents and reports shall be on the

site upon commencement and during any site of work contracting to view and here too under no conditions so the operation of equipment storage or materials stockpiling soil or other sites disturbance take place beyond a limit of work except where indicated within plans erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as an assay necessary

erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized or final vegetative covering conservation commission or his agent has authorized a removal all stockpile of soil existing for more than one day shall be covered and surrounded by roving trench compost tube waffle or other sedimentation control devices post construction upon completion of

construction final soil stabilization and removal of erosion and sedimentation control the applicant shall submit the following to the conservation commission or request certificate of compliance he completed request for compliance form wfpa form 8 a a letter from the registered professional engineer certifying compliance of the property with order conditions detailing any deviations that existed potential effect

of uh the project a statement that a substantial compliance with no detailing a deviation shall not be accepted an as built plan signed and stamped by registered professional engineer or land supervisor surveyor showing post construction conditions within all areas under the injured edition of massachusetts wetland protection conditions and conditions of futurity all organic pesticides herbicides

fungicides and slow release fertilizers may be used subject to review an approval or conservation commission this commission condition shall survive the expiration of this order shall include as a conditioning continuing condition as on a certificate of compliance there shall be no dumping of leaves grass clippings or rush or other debris into the wetland resource areas this conditions

survives there's expiration of this order and shall be included as a continuing condition on speculative compliance you can have motion make a motion to accept the special conditions okay second second

thank you if i can just make one point of notice and i think caitlyn is probably going to direct you guys into this direction if if you're going to have a standard set of special conditions you can usually once you're comfortable with what each number means you can make a motion to approve special conditions 1 through 30 and then add any super special conditions after so you don't have to read them in all of it

yeah i think hopefully next month we'll be looking at the bylaw and i'll have regulations along with it i think in the regulations you'll have all those stamps section of standard conditions for all projects he reads so well he does i know and and if we only have one hearing or two you know it's not a big deal yeah but for all the other ones under this we can they can be a approved

since we're taking a break i just have a question for you sure how many homes are going to be up there i think this new subdivision this new second phase i think was 43. but i mean the whole total i think will probably like with phase one and phase two there's two and then there's the saint vincent's farm thing which i know which is not yours i don't think no

highland woods is not mine that was done by steen development that's the one at the very end of courtney that we have nothing to do with your guests probably total maybe 150 once this is done okay from what was not there 10 years ago yeah yeah so i think we'll be a total at about 90. yeah and i think he was at about 60 or 70 with highland woods which which is done they're actually getting

ready to kind of clean that up as well yeah but that's not my mess this is i have my own messes thank you so we actually have to have a separate vote for three and a separate vote for five i was um counseled by uh bill kenny that we should take a individual vote for each public hearing technically but we can reference back to when he doesn't have to read that whole

thing again let me just reference that too all right so uh can i have a motion for uh lot three with the condition second uh for lot five can i have a motion with the conditions we just read in the same as lot three so moved and second vote hi hi all right passes okay all right we're back to one okay all right now we gotta take these separate um notice of intent is sc-24-791

locations hayfield lane lot one same conditions as lot three and five but we're going to add that after completion of work and as a condition of certificate of compliance the applicant shall permanently mark the edge of the wetland areas with one or more signs to ensure no advertisement into the wetland design number signs and manner of posting shall be determined by the commission shall be measured at

least 12 inches by 12 inches which should contain the following language this is a protected conservation area per mglch 131 section 40 any disturbance alteration of this area by removal of materials or by dumping of fill clippings or yard or other debris strictly for everything for order of fall river kind conservation commission if i does let me add one thing only because you might want to change that so that

the signage isn't placed at the wetlands line you should probably place it at the limit of work okay yeah because we because not not every law we write against the wetland line right the limit which is what phase one was all right and then i pay attention yeah then prior to uh consumers of the certificate of compliance african shell permanently marked the limited limit of work abutting resource areas

resource area buffers storm water detector basins as approved in this order and sure no introverted encroachment into the resource area the applicant shall instruct all agents to explain these markers to buyers lease landscapers and all other persons taking over the property from the applicant this condition shall survive the expiration of the order and shall include as continuing uh stupid compliance

so uh can i have a motion so moved one second vote hi all right so uh next is notice of intent for sc-24-799 uh hayfield lane lock two uh can i have a motion for the uh sim conditions is a lot and uh lot one so we'll assume uh vote i all right both passes um okay notice the intent number is sc-24-785 that's hayfield lane lock six can i have a motion to include the same

conditions as lot three and five and one

24-789 that's hayfield lane lot 7 can i have a motion to contain the same conditions as lot three and five and one so moved second vote uh next one is notice of intent se-24-788 that's hayfield lane lot 20.

can i have a motion to contain the same conditions as last three and five and one so move second and second road passes uh next one is notice of intent sc-24-794 i'm going to have a motion condition same as like three and five and one still move second vote all right passes uh next one is the notice of intense e-24-793 lot 22 you know motion for the same conditions as last three and five

and one still moved second vote hi all right row passes next one is sc-24-792 this is uh stony brook circle lot 23.

can i have a motion to same as lot three and five and one so move second vote all right all right passes uh next one is notice of intent sc-24-7 april blamelock24 can i have a motion to pass with the same conditions as lot three five and one so moved seconded passes uh next one is notice of intent sc-24-796 hayfield lane lot 25 can have a motion to pass the same conditions there's lot

three five and one second vote passes next one is the notice of intent sc-24-795 that's safe though lane lock 26. can i have a motion to pass of the same conditions as lot 3-5-1 so moved second vote all right vote passes uh next one is notice of intent sc dash 24-798 hateful lane line 27 can i have a motion to uh same conditions left three five and one so move second all right vote passes

next is notice of intent sc dash 24-790 hayfield lane lot 28 can have a motion same conditions as lot three five and one so move second vote okay vote passes excellent thank you very much thank you for doing this so efficiently and expeditiously i appreciate there's a football game on tonight i might only get about the patriots around tonight i might get about 20 minutes of it before i fall asleep but thank you all

very much i appreciate it and you guys all have a good holiday whatever that holiday may be for everybody and we'll see you after the new year hopefully well you won't see me at the meeting i don't think i have anything on that one so we can take one night off thank you again you won't have 28 projects no i think that's well the final deadline is is it christmas eve

oh man should be pretty close i mean i we actually felt i mean i felt horrible dumping all of these at like three o'clock the night before thanksgiving because that was the filing deadline of this month but we don't get to pick when we're required to file these so we get marching orders and that's where we have to go but thank you both the staff did a wonderful job getting this done as quickly and

efficiently as possible thanks all right we'll see you guys have a good christmas you too bye-bye thank you all right next is the receipt of the correspondence review and discussion of the national bridge yearly operational plan that would just uh are you on the right i think you skipped oh yeah i'm trying to get that oh sorry i'm pushing it all right uh this was a review and discussion of

public lands and preservation act um everyone got this i think what they're looking for is i guess to see if we would support this uh this cause too it's a board half discussion they're soliciting uh letters of support um a big part of this is right now with article 97 any piece of property that is voted to come out of article 97 is required by policy to have an equal amount of land in

equal or better value of natural resource value then putting protection if another piece of land is taken out that's only a policy so it can be you know refuted so basically they're trying to create make this into an actual regulation making it a state requirement that if any land is taken out of um article 97 that it has to be put back in so they're asking for commissions and other organizations around the state

to issue a letter of support um just so they could when they go to the state to make this case and to ask them to pass the law that um it it's almost like you know a list of people in support of it really so doesn't affect the other parts of article 97 no it's just an addition nope it's just making it actually stronger as opposed to you know weakening would you recommend

yeah the last commission i was on i believe we issued a letter and i'll just type up a little letter saying you know the fall river commission voted to in support of um the public lands uh preservation act so let's make a motion that we draft a letter in support of a public land preservation act all right all right next is review and discussion of water quality uh certificate certification application application

retiring here for b w 10 major project uh certification received by massdep and this is once again just the required uh mailing of the water quality cert to us every single time there's a water quality certification file we get a copy of it so make a motion replacement pile vote all right all right ready next review and discussion of public involvement notification permanent solution with

no condition statements non-pcp uh mineral oil detector fluid release pad now number 43 627 south main street that was that uh truck accident right yeah that makes a motion to put in file make the motion place on file second move vote go okay second five next is a review and discussion of phase four status report public notice of 749 shannon street make a motion place on file so second vote aye okay place on file

uh next is a review discussion notice environmental sampling make a motion place on file so move a second jim whoa hi next is a review and discussion on national bridge yearly operational plan any discussion

uh next is a review and discussion notification implementation of release abatement measures located at 120 charles street any uh discussion yeah uh i did review this uh yeah no no discussion no questions or anything to add to it all right make like a motion put on bob second uh vote aye aye aye aye passes uh next review and discussion department of environmental protection waterways

regulation program notice of license applicant application number w21-6063 any discussion i missed that what is it does anyone know so it's it's another um it's a licensed application under the i think chapter 91 so it's once again local conservation commissions get a copy of it sent to them okay yeah thank you there's a lot of stuff that we just used so make a motion if i place on file motion second hi all right

all right i'll close passes can i have a motion for approval miss november 1st 2021 so second vote all right vote passes uh any citizen input can i have a motion to adjourn motion to adjourn vote all right all right meeting's over