The Fall River Conservation Commission convened on Monday, February 3rd, at 5:30 PM at one government center. The meeting began with roll call, noting the absence of Commissioner Tim McCoy. Several previously tabled items were addressed: updates on B Rock Road and adopting fee structures were both tabled again unanimously (4-0) due to ongoing monitoring or state-level delays. A discussion on outstanding enforcement orders was moved to the end of the meeting by a unanimous vote (4-0). The Commission reviewed several Notices of Intent. An application by Maros Fritz for an inground pool at 565 Detroit Street and another by Omar Car for mill complex redevelopment at One Middle Street were both tabled unanimously (4-0) at the applicants' requests. A Notice of Intent from John Henry for a single-family dwelling at 121 Whitfield Street was initially tabled unanimously (4-0) due to missing proof of legal advertisement but was later reopened. Conservation Agent Dan Agar raised significant concerns about the 121 Whitfield Street project, citing historic flooding, an outdated wetland delineation from 2011, lack of runoff mitigation, and the need for soil test pits to address potential peat issues and house sinking. The applicant, represented by Sean Amorth, agreed to provide more information, and the item was tabled unanimously (4-0) until the March meeting. A Notice of Intent from John Erikson for the Senator Thomas Norton City Pier at 600 Davol Street, proposing a cathodic protection system to prevent marine corrosion, was approved unanimously (4-0). Fiona from Vardy and Fro Infrastructure Environmental LLC and Martin from the Redevelopment Authority presented the project, which involves welding anodes and applying epoxy coatings to extend the pier's life by 20 years. The Commission also approved a brief Notice of Resource Area Delineation for 589 and 599 Commerce Drive, presented by Delvin Hal of FS Associates, to confirm wetland boundaries, by a unanimous vote (4-0). The meeting concluded with a detailed discussion of five outstanding enforcement orders. Conservation Agent Dan Agar outlined the lack of response from property owners at 101 Hayfield Lane, 2089 Blossom Road, M North Main Street (Weaver's Cove/National Grid), Barton Bronson Street, and 221 Fieldstone. The Commission unanimously voted (4-0) to send letters to all five property owners, giving them 60 days to submit a substantive plan. Failure to comply will result in the matters being forwarded to the Department of Environmental Protection, with potential for future legal action. Finally, the Commission elected John Brown as Chair (4-0) and Lou as Vice Chair (3-0, with one abstention), and approved the minutes from the January 6th meeting (2-0, with two abstentions).
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City Officials
Public / Other
uh welcome to the forward Conservation Commission meeting being held at uh one government center uh in the city council hearing room it's uh Monday February 3rd it's 5:30 uh soon to be open meeting RS any person make an audio or video recording of this public meeting or may transmit the meeting through any medium attendees are therefore advised of such recording or Transmissions being made whether
0:27perceived or unperceived by those present and deemed ackn and permissible and uh we'll start with roll call to my left fer John Brant Jim kusk we're missing uh Tim McCoy we have uh also uh Pat aiar recording uh clerk Dan agar uh conservation agent and we have Craig from uh Fall River TV um first uh review and discussion of updates on B Rock Road that was tabled from January 6th 2025 meeting nothing
1:07new uh I'll continue to monitor it I mean with the ground the ground cover that we've experienced over the last month has been difficult to see but we had said the site was all was stabilized has not grown in to be stable yet so I guess after the first growing season through the spring we'll get a better handle on what we're looking at for that so just continue to table it and we'll
1:28keep an eye on it can I have a motion table motion table second roll call I I I I okay next review and discussion adopting fee structures uh the state still hasn't finished up so I think we should just make a motion to table motion to table second roll call I I I I okay uh review and discussion out standing enforcement orders this was table from January 6th I recommend that
1:58we bump it to the end of the meeting so that we can address the people that are here y we move make a motion to move to the end of um meeting end of the meeting y last item on the agenda second roll call I I I I okay uh first we have notice of intent se- 24843 applicant owner maros Fritz project location 565 Detroit Street accors map e- 27-42
2:30fired by Farland Corp on behalf of the applicant the applicant is proposing to install an inground pool and concrete pad and paper patio with Associated grading this was Ted from January 6 so I reached out to the engineer again he did respond to me today asking a formal request to table it he said that he would be in touch with me over the next week or so to discuss options um again I
2:55explained to him that it's really not our job to give him options but I'll at least he'll listen to to what he has to say uh so he he is aware that he does need to file um so I don't have an issue with tbling it again motion table some move second call I I I I all right uh next notice of intent se- 24844 applicant owner Omar car uh project location one Middle
3:27Street sist map is h-21 001 filed by kiski ski uh civil environmental consultant Inc on behalf of one applicant the applicant is opposing site Redevelopment of existing Mill complex including parking and storm water management spoke to their engineering consultant again c um they're still working on the plan revisions that were in response to site plan review as well as uh concom
3:52comments so they've requested that the matter be tabled for next month motion to table so move second V call I I I I all right next is notice of intent um sc- 24847 uh applicant John Henry owner Arin Parkins and Richfield LLC project location 121 Whitfield Street pres map is C-17 lot 0024 followed by Shan amorth the Insight engineering on behalf of the applicant the applicant is proposing construction
4:27of a single family dwelling was table from January 6 yes good evening um before we get started do you have a copy of the legal the proof from the hell I believe John turned that in didn't he John who John Henry he said he turned it into you guys I don't know I never received a copy of it he said he was going to turn it into you I don't believe you want to give him a
4:52call can you call him if I've got his phone nobody showed up at the last meeting that's when we would have expected it yeah no I would have uh I after you sent me the email I forwarded over to him I said John you're G to get that at that point it was too late no no I understand that I understand that but he said he was going to drop it off down to you or to
5:14Patty I don't know if I I don't think I have John's phone number correctly hold
5:25on no nobody claimed them U yeah why don't you give him a call we'll give you a couple of minutes to resolve that we can't open the meeting without it you don't have them number is it on the notice of intent because it should be yes so we got to right here
6:08all on all on claim
6:46yeah John this is Sean a for some insight of conservation Comm meeting we need proof of the legal act um I thought you had turned it in but apparently the commission doesn't have it and they can't open up the hearing until they receive that so you get this message in the next 5 or 10 minutes please give me a call back all right why don't we table that one sotion mov second I all I I all
7:18right okay next of noce intent sc-24 uh- 848 John Erikson uh owner Harkins forward Development Authority cessors map o-22 L 0012 filed by vardy and fro infrastructure environmental LLC on behalf of the applicant the applicant is proposing to install a uh cathartic uh protection system CPC CPS abbreviation for the uh existing licensed uh still bulkhead located at uh cator Thomas Norton City Pier there are no
7:56anticipated permanent resource areas and associated with the uh project hi I'm I'm with both I'm joined by Martin with the revelop authority and my colleag also were there any abutters to this yes three do we have green cards I don't have I didn't I didn't receive one from do you have the white slips do you have the white slips or at least the white slips that said you sent them we
8:28don't need the green cards as long as we have the white slips that said you
8:57sent great thank you how about it okay um so as you summarize this is the to install protection system at City Norton Pier um the process involves uh epoxy coating and aluminum anode installation um and the city peers look at at 600 deall street it's owned and managed by the Redevelopment Authority um and the uh CPS is designed to prevent Marine corrosion um which is a concern for structures that are exposed to salt
9:40water um and so by installing the CPS that um I'll describe it's uh it will enhance the peer structural integrity and extend the design Life by approximately 20 years um and the existing steel bulkhead was installed in 2017 um and it it showed some signs of corrosion in the sheet pile interlocks within the Splash Zone above the mean High tieline the
10:41so to to support the goals of the redevelopments um proposal to extend the life of the peer fol did a um inspection in late October um to take a look at the sheet piles and and determine what needed to be done and subsequently design the CPS system um specifically to address the the uh erosion that was observed so there are three steps to this um to the CPS system installation first is the she pile 3-in interlock
11:25weld next is the anoid installation and third is the um the sheepa bulkhead coating and the uh Coastal resource areas that are at the project site include land under ocean um Riverfront area um and the as you said before there are no anticipated permanent impacts there are some temporary while the work is being done um and the the proposed ANS that I'll walk through um include approximately 925 squ ft of temporary
12:02impacts um to Coastal Bank since the pier is landward of the um area that can be considered exposed to tital action so it's invol the area we first cleaned from Marine growth and any loose rust Coatings usually using a high blast water um high high pressure water blasting and or scraping just with a small tool um to have a clean surface next to 516th uh weld will be applied starting from the top of the sheet and
12:37extending 3 in down um and this is further shown on the detail in sheet five of the project plans um which is meant to reinforce the structure um stability of the bulkhead when the Weld and the cleaning areas um when the areas have been cleaned they'll be coated with a Enzo sea Shield 525 epoxy protective coating which will add an additional layer of protection from any corring corrosion um the anod
13:10installation um involves the anod drops being welded to the face of the bulkhead um and the uh the specific specifications are um Den o sea Shield um under underwater epoxy which I'm not um I can provide further information on so the steel the maintenance project for the existing um bulkhead the areas from the top of the bulkhead um the elevation varies to 6 in below the mean low water line um will be cleared for
13:55from Marine growth and the standard steel recoding treatment will be applied the treatment will cover the section of the top of the bulkhead to two feet below the mean mean low water line using the denzo shield sea Shield 525 epoxy and divers will apply the splash own um steel recoding treatment to the section between 2 ft below the mean low water line and 6 in below the mean low water
14:23line um with the sea Shield underwater epoxy um which is a a simple process it's not um invasive and as I mentioned before the um the pier can be described as Coastal Bank because it's situated at the landord edge of the coastal area subject to title action um and the uh impacts associated with the work 925 ft um and I can show the sections included um so the proposed the uh aluminum anode welded to
15:16the the outer area of the steel pile wall and there are more details on sheet five um does anyone have any questions so far yeah so the anos is to prevent against electrolysis def to so the John cillo from Mast does these cathic Protection Systems so we did is we went out and took a water sample and a sediment sample and then he went back and figured out how how many ANS you had to place in
15:49the machine so the weth of Fiona referred to earlier can can create the conductivity between all the sheets the you attach the N no 2et below low water and then they provide those 109 that he calculated with calculations that'll protect the underwater portion of all the sheets and are those anals consumed over time yes they are and so they need to be replaced periodically they will so
16:12we're going to also recommend that we go back every 5 years and inspect them just to see how they wear out the 90 lb an out when start with so just like a boat eventually yeah so let them go before the sheets go right M the question with the um epoxy was this technology available in 2017 when the those well sometimes it's an additional cost okay so sometimes you can design a body protection system and
16:38you can put the an on you can coat the anal loocks but it's all additional cost right and the good thing about this process is we can put the anodes on now we're going to work with the B Development Authority to see how much do we cover so the 525 that Fiona referred to is the inog is the Splash Zone area that you can see above the tide then the
16:59Splash Zone the 525 is above and the Splash Zone below the water so that's a putty the diver puts on there so it's all progress It's all additive so the more you put on there we're going to we're going to permit the entire surface for the notice of intent then based on budget constraints and availability of resources I I I would prefer to do the interlocks first the interlocks with
17:21still rubs against each other as you get the first corrosion so visually just like on that wall up there you would catch the you get the stripes and the interlocks first then we would work backwards to get the rest of the Sho depending on you know how well it's doing it's exposure and what have so the first steps will be the OS and then we can work together together
17:42St I have a couple of questions um so the welding activity through the seams does that do anything to the structural Integrity of the sheets cuz I thought they were kind of made to move a little bit well it's going to be at the top no not really because after they set they m to move with the unlocks you put two at a time when you drive them in just during construction just during
18:03construction then what happens is when you when you put that 3-in tab on the top it it create the conductivity through all the sheets everything works as one unit so it's more of the conductivity part of it is what the weld does okay so rather than running a y i through it and I got it um we have a letter from marine fisheries which we just received Friday which which was
18:25okay they had a question about the need for any containment during construction um I don't know what comes off of it's going to be Marine the Marine growth that's on there right but how about how about any rust or any metals or I mean I don't I'm just trying to respond to marine fisheries comments right so our intent is the coated sheets so there there's some level of protection on the sheets
18:50now how we're going to put this on there is to is to maintain that coating to the maximum extent possible okay we don't want that material to come off okay so we're going to use a light water jet or you know light scraping just to get the Marine growth on this we can put the epoxy coding on there okay and I was going to ask how does it get applied it's a putty so I understand that
19:11um I have no other questions were there anod installed as part of the original no design okay thank you any questions on the audience pretty much ask the questions in the audience I oh any questions in the audience okay have any more questions I have nothing else to add I would recommend approval okay can I have a motion for a order of conditions so moved seconded roll call all I okay thank you very much thank you
19:50thank you thank you thank you for your time marine fisheries didn't make a comment but are there any should there be any time of year strengths about when this gets done I mean warmer water so the epoxy itself we're thinking of May June we've got a schedule for the epoxy and for the divers too got it I would have thought they would have made comment if there was something in the way of shellfish that
20:14they didn't want stuff being done at a certain time but they didn't make comment I think if this turbidity it was is an impact to um The Flounder ground some of those some of the things but this shouldn't cause any tur big really really hering in the time room interesting okay have that you guys are good thank you thank you very much for your time appreciate it thank you how'd you make out Mr Andre I just
20:43forwarded two emails over to you with the receipts and is that good enough in or do you need the high copies oh you telling me when I go upstairs in in 20 minutes it's going to be there yeah you'll have two of them one and the one he just sent me I checked it out it is's a receipt for like 180 Ohio let's go let's hit it can you check your email we have to make
21:08a I don't know if you had it on your phone or not that's why you think I'm that technically Savvy come on Dan email trust me I'm not motion to move this notice of intent ahead of agenda item number two hi okay start over again uh Sean anworth from inside engineering representing uh John WC homes the applicant and Hawkins Woodfield the property owners um we got a piece of land down on Whitefield
21:44Street um we've got an adjacent lot um c17 lot 20 that's got Wetlands on it s Wetlands was flagged back in 2011 um by godki engineering which is a plan that we were forwarded over by the client I believe Dan F forwarded over to me also if I'm not mistaken um we're proposing a single family dwelling on a vacant lot along with an asphal driveway concrete walk um and basically we're we're within the
22:15100 foot buffer zone of the wetlands um it's a freestanding lot it's been that way for a long time um it was approved V via uh via variants um if I'm not mistaken I've got it noted here somewhere oh yeah back in 2009 um and along with related Landscaping Etc utility installation as far as gas sewer and water um at the board and we were proposing erosion controls along the property lines that
22:48drain out into the Wetland so I guess if the board has any questions I'll be glad to address them just a couple of items that I wanted to bring to the commission's attention um this is of course Whitefield Street um area of historic Flooding at the hands of previous developers um and just horrible design so take that into account the plan being submitted now is utilizing a wetland delineation from
23:182011 um on an adjacent lot I don't believe there are any Wetlands on this lot so I think it would only be Buffer's own activity anyway but just know that the Zone that you are dealing with is from a 2011 delineation um so you may want to be difficult to ask for an updated delineation because the property owner doesn't own that land um but they could file and notify the abutter that there
23:45looking at the Wetland again again that's why I stated I don't think it would make a difference either way okay um some of the bigger issues that I have with the design is that there's been no um method of runoff mitigation um through the site plan review process we make those comments as well we're waiting to send those comments back until we get through here so that would be of a concern uh test
24:05pit should be performed by a Massachusetts licensed soil evaluator and witnessed by City staff to determine the adequacy of soil type and seasonal High groundwater elevations again being proximity to the Wetland adjacent to the West um groundwater's got to be right at the surface here there have also been issues um with lots in this development of houses sinking cuz they were technically building on Pete um so that
24:32would help us determine that as well as to see what the underlying um soil strata is this would be relying upon two CTS that I believe the city had to put in under Whitefield because the drainage was so bad the reason why this lot has not been built upon yet is because it was the two most low-lying Lots in the development so all of the storm water from all of the homes that were built
24:59pretty much get directed towards this then make its way under White Field into the new development that we've been dealing with with Mar Bishop Boulevard Estates with Mr Johnson and uh and them all the previous homeowners so and if you remember actually one of the abuts was here at the last meeting I'm surprised she wasn't here tonight so I have a question about some of the proposed grading I think it's inadequate
25:21for ensuring that the abutting properties do not get affected I think stormm water should be directed to the coverts in a manner that don't rely on the adjacent land um if the covert was right in the front of this lot that would be a little bit easier because then you could control it right um but relying on what somebody may do on the lot next door uh for you to get your
25:45water to those covets I have a little bit of an issue with um as far as Wellness protection act course Buffer's own activity uh it's really storm water groundwater concerns that I would have um and making sure that abing properties do not get more water than what they're getting now which which has been an issue in this Poli and again so that's so it's always been the last lot in is
26:10the one that's been accepting the water so now this would be the last one that would now shed even more water to the ab butter to the West which then the culs underneath White Field uh takes that water away so right now there are there are some low lower Ling areas on this lot that will be filled um and direct water to the abutter not that it's already not getting there however in a
26:32different form or fashion that it is now so I would ask the applicant take take a look at that grading um minimize it it may it may save some headaches for the homeowner in the long run because historically there have been a number of issues of homes built out in this area of the city everything's fine and then 10 or 15 years later they're having significant issues with Foundation
26:54issues and home syncing and things like that I think it's better be smart he was cautious in how we approached this I'm familiar with the area okay yeah I live in the city I've seen a few things down there I I have to give you credit for answering the phone this call because for 15 years I would get calls to go do work in these neighborhoods and I just
27:14refuse to even P look at it because it such a mess but we do have to take into account the history of the area the abing Lots so I think we need to do some work on so storm water run off for sure yeah the reason I think I put that into the application too is I we made the Assumption when I sat down with Paul at the office we made the Assumption
27:35because of the wetlands we probably got like an 18-in groundwater table if not less than that so underground infiltration would technically be out of the question we could do underground storage but you know and and from what you're telling me about trying to get to the Culvert we could possibly do underground storage but I don't even know if that would work because you would have to have sealed units and then
27:58we' have to pipe them over to the C directly which means but there could be some method of cuz you're raising the house already yeah not too much I got basically the the what we assumed to be the water table was roughly around 183 where the wetlands is and right now I've got the uh slab at 185 so I only got it up 2 feet cuz basically it's a so let's
28:19get some real test bits Yeah well yeah let's get some real water table data y um and let's let's make sure that the design is just not based upon assumptions again only because of the history of what's happened here we have to make sure that we dotted every ey and crossed every T and again it could be saving him a lot of money in the long run yeah yeah exactly exactly a lot of money um
28:40another thing another option could be you know porest driveways as well yeah so that there different ways to offset could be a rain Garden could be a number of ways that we can get I even thought of a rain Garden but even with the rain Garden it relies on some infil infiltration to a point because of the Sandy Bottom underneath it and I just figured it would just be full it doesn't
29:01have to be for the whole site but for whatever water we can get to run towards the street yeah rather than towards the abutters maybe there's something rain Garden wise or bio retention area wet even a bottom wet Pond or something that provides some level of storage before water gets discharged over to those culs cuz what's going to happen is if the ab butter to the West decides they want to
29:23file yep you could potentially have a puddle in your backyard right well exactly if they built their house kind of need to make sure that and that was the abutter that came one of these two properties actually had an order of conditions that expired it may have been the one to the West um and that that's why that line was was done yeah I actually think it was this one was it
29:44this one I think it was this one that had an a condition cuz basically we took what Alex had done had done previously and tried to upgraded a little bit to Y uh new footprint etc etc as far as that goes you know and and part of the part of the mitigation question might be hey build a smaller house yeah you know that's a pretty big footprint yeah that
30:03is that is that is so so give us some thought um let's get some soils information and we'll take it from there i' I'd be I'd be interested to see what's in the ground so would I not so yeah not yeah there's a lot there significant history I mean I'm sure you're familiar with with the houses that have sunk yeah um and and I know the last one of the last new
30:29constructions which is just the one that's down on Frederick Street that was a big mounded site on the side of an existing house yeah um and the same thing we had to do the test bits there Len was very adamant about going out looking at the soils down to a certain depth making sure that the material was parent not fill Y and that you know we were going to be able to sit something
30:49on there yeah I'll make sure we dig the test pits we get down to Natural ground yeah give me a call when you're going to go I'll take a swing out or I'll send Dennis out just to just to take a look at it all right we'll have I'll get those schedule I let you know um I don't know if I can get all this done before the March meeting oh we can table it
31:05till March for now all right I'll let you know when I you can't just give us an email saying hey we like to get the stuff in a week before the meeting right so if you can't then just say hey this b w it off till April all right and give yourself some more time all right okay sounds good anyone in the audience can I have a motion table table second
31:28hi hi hi hi thank you have a good night everybody thanks
31:41too next is a brief notice of uh resource area ination uh se- 24849 applicant is Dean Atkins uh owner npiv Commerce LLC uh Co North rdge Partners LLC project location 589 and 599 Commerce Drive this is map z-5 lot 006 followed by Delvin how and bills associate on behalf of the applicant the applicant is seeking to confirm boundaries of uh water and good T Wetlands give the gatekeeper her uh her
32:24legal add in her green cards waitting for nobody gets to see the wizard uh so good evening Devon Hal from uh FS Associates here representing um the owner and applicant uh nvp uh for LLC um so the N red that we're requesting um is located at 589 um and 599 uh Commerce Drive uh located on the easterly side um of Commerce um in terms of where the town is um it's pretty
32:57pretty much right on the uh the Freetown line up on the northern part of um the town um so we're here tonight um as stated to uh uh file this anrad to really lock down a couple natural resources located actually um on and off the property um you can see that there's two buildings um up here um currently occupied uh parking loading areas on the side of the building and then really
33:31along uh this edge here the site really drops down um pretty pretty heavily um before it kind of flattens out down towards these uh Wetland area located at the northeastern corner of the site um this is one natural resource area uh that we're requesting um to uh lock down where those are as well as a off-site uh natural resource um on the adjacent landfill site um there's a pond uh located right here you
34:05can see there standing water as well as a bordering vegetated Wetland um probably a sale that was constructed as part of the landfill that really extends up um past the corner of the property um kind of Contin in a straight line our office did the uh resource delineation last year U mapped it from uh hydric soils performed hand augers um on site as well as using um the 50% uh vegetation um
34:40determination and the uh so that we we were able to do that for the on-site Wetlands um which we're we're seeking that determination on the offsite Pond and um Swale um we map that um so were out in the field we were able to see the frag muddies um facultative Wetland species um but there's a distinct fence line here obviously it's also a landfill site didn't feel comfortable to trespass
35:13on that property so we we mapped this based on the toe of slope um based on uh Light Art topography as well as the aerial mapping really for this Pond area as well as for that Swale um extending up in that direction um we were assigned a mass DP file number um no comments from Mass DP um with that that's pretty much it this Wetland um just for terms of location
35:46that edge is about 40 ft off site and where that 100t resource buffer extends about 60 ft the site happy to answer any questions um this site when it was permitted through actually not the site the expansion of this site was rep permitted in like 2019 through site plan review never came before the commission so I guess they just decided not to build what it was but on that plan set the
36:13Wetland delineation was very similar to this um going out and looking at a line this time of year not the easiest thing to do um so I would say that with the topography in our hand the previous site plan and the information that the uh that the applicant has submitted I'm I'm fine with the delineation um of course when it comes back in for design that's when we'll figure out other things but as far
36:41as resource areas I think we're okay with issuing the the order okay it is at the toe of a slope um the detention Pond to the north actually has a discharge point just upgrading of this um that plant also confirmed the general location of of the BBW as well you can see up here this there's a pond up here that discharges right here down into this drainage e and then flows its way
37:07down so I'm okay with that any questions from the board no okay can I have a motion to approve motion to approve seconded call I I I I all right thank you are you guys going to be doing the design or is someone else doing the design do you know I'm going be honest I I'm just here for the an I don't know anything I was going to say only because I mean there is there
37:32was that approved plan from 19 um forgot who did it Kine was the owner at the time um so it may be of some value to whoever the developer is they may not know that this plan exists yeah um it expired and there was some still there's still work to be done but it gives them at least some idea of what they just having to contact you all great thank
37:54you thank you so can I have a motion to bring back on the table the uh out outstanding enforcement orders so Mo second it call hi all right all right so um we we floated these around a few times but I wanted to actually put pen to paper just so that you were aware of what's still outstanding and outstanding without response right so there have been enforcement actions that people have been responsive to and have
38:23filed notice of intents those are not listed here they may be in different form or Fashions of where they're at in the process but at least they've been somewhat responsive so these we can run through quickly and then we'll discuss the way in which you guys want us to proceed 101 Hayfield Lane uh was sent in 12122 that was for a patio area that extended into the bvw out in U Highland
38:46Farms phase one I do know that the applicant hired attorney Greg brilliant also hired Jeff Tolman um to respond and because they had sent me a draft plan with what their findings were and like we had assumed yes they're into the Wetland U but again I advise Jeff that I can't tell you what to do it's up to you to come up with some method of restoration or figure out what's there
39:11so I do know that they're working on it clearly not as quickly as we would like them to um so as we talk about later ways of what to do next on these I would think that um a letter updating um where we're at and giving them a Time line to submit something um or a deadline and yeah or a deadline and then if they don't meet that deadline explain to them what the ramifications
39:37may be and that may be to request departmental action from D to try to get them to step in and and lean on them a little bit um so that's the first one 2089 Blossom Road um if you remember that's one where homeowner had come in do did some clearing in the backyard mostly Buffer's own activity this site had a long history of of wetlands and Wetland alteration this was a new owner
40:01uh but if you remember in some of the pictures that I sent you actually um in the pictures that I added in the back of this like a 2089 you can actually see the trench uh that this gentleman gentleman dug behind the retaining wall that he had just installed to throw and you see the pipe on the side of it that he was throwing in that trench to discharge out into the back again
40:22everything with no permitting uh to the south of this is own loan land owned by the city city of Fall River Michael larcia had great concern regarding the alteration that took place I do know that Chris Capone went out and flagged the Wetland but we've seen nothing in response since so same thing I would I would guess some type of a letter with a clear deadline uh before we take the
40:44next steps he has a language barrier correct this the house with he does very much so we should should we can we have a letter translate I can try yeah to be sure that I think I know I don't I'll find out but I think if we send a letter in both languages um and then you know okay we I can we'll figure that out okay M North Main Street that's probably one of the
41:09bigger violations that we've ever had to contend with that's the Weaver's Cove and National Grid piece this dates back till uh April of 24 um I have had correspondents back and forth with Attorney Richard nyen who is the representative of the Weaver Cove group um and every month as I check in I keep getting told next month next month next month uh today our exchange was as John knows um a little bit more forceful
41:37I think on our end um which I am told by the specific date that he intends on applying to meet the next deadline which would be March 3rd 15th around F off like February 18th for the March 19th he told me that the restoration plan is done they were having National Grid review and approve it and that they anticipate submitting so but that doesn't mean that we shouldn't send out
42:04the letter just to create paper trail as well because they could go missing again for two months and then we'll have to revisit this again so uh next Barton Bronson Street if you look at same neighborhood as this same neighborhood down the street yeah and you can see clearly on on this picture what they had done on that one so this was a piece of land that um clayt Manchester and Nicole Wood had bought um
42:32as investment where the original owner apparently had told them that there were no Wetlands right so this is a wetland just about up to the pavement so they've been putting us off putting us off put putting us off they had hired Greg Nicholas to go out there Greg called me and says Danny the whole thing is wet what do you want me to do I said well I want a restoration plan that pulls out
42:50the fill so I don't know whether he couldn't get them to understand that as well but the last correspondence I got from Nicole which was on Friday was that the original owner was going to take back ownership of it and resolve the outstanding or the issue I said I need a letter signed affidavit notorized from this owner that he's acknowledging where we are at where we're at with this um
43:16because because there's really nothing that keeps them from conveying it we can't stop it but it would be good to have something in the file and then now we'll we'll go start chasing whoever right cuz they appeared at a meeting they did they appeared meeting and were very they were you know at that time as I recall they were going to take care of everything they going to take care of it and taking care of it
43:35meant going to see if they could fit a house on here still right and then once their engineer told them no then they just been they go back to right and they said of course Greg hasn't been responsive and I guess Greg was sick for a little while but hadn't responded to them so the last email was that they were going to convey it back and that the new the original land owner was
43:55going to resolve re enforcement action so that doesn't include a property across the street that's where they live they live across the street from this they live right here oh I I do they I don't even know that they live there I thought they did cuz when I walked that property they came out of the house really yeah oh I didn't I didn't I think they lived there I could be wrong that
44:15might have been the person that called and complained I don't know either that could be too but they our address was a Westport address as what I was doing um explained to them what I was doing out there um and is there great deal with disturbance but again I don't so they even gave me a closing date but regardless of the closing date we should still send the same yeah because if
44:35because if they don't do it no they just kick if they kick the can down the road you know and then the last one is 221 Fieldstone that's the one with the extensive patio outdoor kitchen I think this is one of the first enforcement orders that we dealt with when I started he's got a hot tub out there 1021 22 yeah um so if you remember on this one they did hire a consultant I forgot
44:57what his name was Brian obox uh I think it was obox was the company's name so they had tried figuring out what to do they came in and they requested an extension of the existing order so right now he doesn't have a certificate of compliance but the order was going to expire so extending the order gave them the ability to fix it and then file for certificate of compliance I emailed him
45:25back today explaining to him that the enforcement order is still valid and that they still need to provide something got no response from him send them I think everyone should get a letter with pretty much the same thing saying so what do you guys want to have for a deadline for these it would be easier just to pick a deadline and be the same for all of them three months too
45:45long I was going to say 60 60 days 6 days f file within 60 days Yeah Yeah couple of these over two years to them so when we do get to the step that that we decide to send it to D very difficult to get D to do anything but what what I've been trying to do and what this step does is this creates a paper trail where hey this has been this is beyond being
46:14ignored you know and in my cover letter to the EP I'll explain to them how many enforcement orders we had that people did comply with so it's not like we we're not dealing with this stuff we are dealing with it but it gets to a point where people don't do anything so we do have to get on I think this commission I'll speak for everybody on it but has demonstrated the willingness to work
46:36with people who are willing to work with us but people are just willing to to not respond to just you get the three years that's a little too long you know and just kind kind of think hope that all of this is going to just go away we're going to forget about it I think we need I think you've learned with me that that doesn't happen we're we're patient but I don't forget no I don't either
46:57but I think we need to let them know that and that we are going to pursue it and continue to document have the paper trail um so what our options are is request D to step in if that doesn't happen then we have to get the city's attorney to actually sue them um which that doesn't often get to that level um I'm hoping that in the letter that we send giving them 60 days explain to them
47:23if we don't receive it in 60 days we we will then seek Department Al action from from D to help Abate these violations so if that's what you guys want me to put in the letters I'll do that and send them all out this week yes put everybody on no days yes okay good so we need to make a motion we need a motion uh on the five properties to uh drop the letter with the 60-day
47:50notice and with them understanding that we don't if we don't hear within 60 days with some type of substance plan that we will be forwarding forwarding it to the Department of Environmental Protection with the potential for future legal action that Mak sense yep you made that in a motion then y second second roll call I all I I okay thanks for digging these up appreciate it what else is on that little agenda of
48:21yours public comment uh minutes election election of officers we just did that no they put it off right no it wasn't on the last month's agenda it wasn't that wasn't on that would have been last year all right oh we need to elect a chairman and a vice chair so motion under John Brown chair second uh roll call hi hi hi hi thank you uh now uh election of uh Vice chair Lou okay AC Sure Vice
49:03chair uh we have a second roll call I I I okay so uh approval of minutes from January 6th uh meeting motion seconded okay and Chris you weren't here right yeah I can't second it uh roll call all hi hi all righty no citizen input can I have a motion to adjourn so a second it roll call hi hi hi hi awesome thank you guys