2.5.24 Conservation Commission

uh welcome to the uh Conservation Commission meeting uh being held at one government center the uh city council hearing room it's February 5th 2024 5:30 uh pursuant to the me open meeting laws any person who make an audio or video recording of this public meeting or may transmit the meeting through any medium attendees are therefore advised that such recordings or Transmissions are being made whether perceived or

unperceived by those present and deemed knowledged and permissible uh we'll start with roll call to my left Bo here l f John brand PA Nikita viea James Hornsby and we have uh Dan agar uh acting uh uh Conservation Commission and Nina Pao head Clerk and we also have with Fred TV uh Craig all right um let's see under uh new business old business business uh first is request for certification certificate of

compliance with sc-24 d761 owner applicant is Department of Conservation Recreation project location is Copa cut road accessors map is w-1 19-001 0 filed by the Department of Conservation Recreation requesting a certificate of compliance stating that all work regulated and above order conditions has been uh satisfactory completed this is a table from January 8th meeting uh Chris B is going to update us

on where we stand on this yeah we had a meeting schedule prior to the holidays that was cancelled by DCR Rangers um I've I reached out to Paul Janie he's also reaching out to them so we're working on rescheduling meeting with the state forest superintendent uh DCR Ranger services to go over the map which I've given to John it's marked with all of the uh issues and the concerns uh hopefully that

meeting um Paul is no longer as we know with DCR he's with EA but he's reached out to those two individuals um and I think Michael bossi will be joining us if it works his schedule and we will be hoping to eyon out these these issues so that we can at some point issue a certificate of compliance okay any questions from the board can I have motion to table us the

next meeting so second roll call I I I yes I I next is a notice of intent sc-24 d831 owner applicant is Jeff Sylvia project location is 2450 Indiantown Road accessor map is w- 34-12 filed by ecosystem solution Inc on behalf of applicant the applicant is proposing a restoration plan to remove the unauthorized cart path create in or around 2017 from an order of conditions from 1997 D file number is

sc-24 289 this was filed this was table from January 8th meeting thank you Mr chairman Brandon f up ecosystem Solutions representing the applicant and also with me is Mike laas here at the uh the Water Department um since we met last um we have received approval from the natural heritage and endangered species program speaking of the microphone sure you bet uh since we met last uh we have received approval from

the natural heritage endangered species program and that they are issuing uh what's called a no take uh with some conditions things that they'd like to see uh See done like uh signage what else was there Mike um removal of some material near the near the W land yes some removal some material near the Wetland line and uh the like so that was one of the big hurdles that we had to

overcome um you know that that was basically the the big one um and then uh early today I received some comments from uh the conservation agent uh so um you know if if he wants to State his uh his questions and concerns but I also um don't know if you want to say anything Mike uh well we've been we've been waiting quite a while to get the to hear from natural heritage and we're in their

history with this project goes back to 2017 when they first looked at it um and their uh opinion of taking out the the cart path and disturbing less of uh you know having a minimal disturbance but to uh to reestablish continuity with the Wetland was their Prime concern so uh we're finally happy and reliefed to have this letter and and and I think it's something we can really easily achieve

so we're anxious to get the project underway so that we can do the remaining diligence such as uh the subdividing and um uh um you know doing the conveyance we realize there's a number of steps that need to be done before we can do the conveyance and we're really happy to get get those underway but we really wanted to get the notice so that we could get the work done so that we could

sequence all the other things and uh and be done with the project uh so that we can protect 16 Acres of uh land that's within 400 ft of the reservoir right thanks and and and again the the whole purpose here is to is to write or wrong um Mr Sylvia had put in a a cart path brought in Phill put in a uh a culvert pipe uh all without you know preconstruction review by the

Conservation Commission or by natural heritage in addition to the other alterations that he did in the woods in the Wetland in uh endangered species habitat um what we're focusing on here is the removal of that cart path and all the fill this associated with get rid of the the uh the Calvert pipe that was put in illegally and then seed the area so it comes back to a natural state and

then leave it alone and that land will get subdivided broken off from the the house lot that's already there with the 16 Acres then being uh transferred to the city so what we're asking actually I think pretty simple part of the whole equation uh before you now so um yeah we just hope that uh the commission can consider approval thank you so if I can Mr chairman um before we

can open it up to some a butter comments if anyone has it um I think it's important I know I know Mike's concern out here is the protection of this additional acreage that's not what's before the Conservation Commission what's before the Conservation Commission is response to an enforcement action having to do with well adulteration so I think that's that's the primary focus of of the filing

before you um the rest of it is in support of the project and when you read through the information that was submitted to natural heritage and their response just about all of what they're saying they're okay with and can condition is based upon the subdivision of this piece of land and the conveyance of this piece of land for protection to the city that requires a zoning variance

so somewhere along the line you need to determine what comes first the chicken of the egg if you can't get a zoning variants then we got to go back to nhp so it would be my recommendation that we go through that process to ensure that we're taking one step at a time and be getting to a resolution something that I asked Brandon for today is a comprehensive plan um that illustrates everything on one plan

accurate accurately so surveyed so not that it's ever been submitted to this board or this commission but in the package that was spent sent to natural heritage there was a draft variance plan that showed a Wetlands line and a proposed property boundary no Wetlands Flags but I'm assuming that's the updated located Wetlands line I don't know if that's the case or not on the on the variance plan

no so the variance plan that shows a Wetlands line isn't this w line that you flagged I don't believe it is okay so that again the more more of the reason for us to get an accurate plan that shows where is this Wetlands line on a plan because now we're creating parles of land that have Upland requirements total area requirements and certain variances are going to need to take place so the plan that gets recorded at

the registry of deeds should be accurate with the Wetland elimation shown as well and the concern I have is when we go back and we look look at the wetlands line that was part of this project when it was initially approved and constructed I think there's a drastic difference between that Wetlands line the new Wetlands line and the third Wetlands line that shows up on the variance plan so I'd like to get one

plan that shows everything so that you can understand completely what's what's transpired here and I understand completely that old Wetlands lines expire right they're only good for three years or for the life time of the project but it may have some bearing on whether or not the commission is comfortable with the new line does it need to be adjusted before we go ahead and start

conditioning and and issuing an order of conditions do I think we'll get there yes but I do think that the commission needs to look at a number of these items and determine you know what needs to come first before an order is issued a number of these things will be conditions of approval of course there will be like the conservation restriction and the conveyance and all that kind of stuff but um I think the

first thing we need to do is to get an appropriate plan that has all of this information on it for for you to deal with and there was some initial information that we had asked for months ago about the existing um order conditions existing certificate of compliance um a number of items about whether or not they had been recorded certificate ever obtained so there there's quite a few things that I

think can be on this plan including all of the conditions that uh natural heritage proposed wouldn't it be better for us if it was subdivided that way we could look at both properties no because if if there is if you don't get a variance and you can't subdivide it maybe natural heritage will look at this differently if the land is not being conveyed for protection purposes that's my concern so

if a variance doesn't get granted and you can't subdivide the piece would natural heritage have a different opinion the their decision when you read it and the information provided to them everyone's hanging their hat on we're going to protect this remaining land and take it out of the hands of the Violator so that these things don't happen again well that only happens if if the land actually gets

conveyed so we can condition a number of these things but their opinion may change we may get to the if if you were to say okay the zoning the zoning part of this can come last but what happens when if it gets denied what happens if it gets appealed by a neighbor who who knows what of why this variant may or may not happen so that's a quick and

easy answer um and a cheap one to get rather than doing all of this work getting to the final hour and then having the thing Dro dead so I ask what the the content of the Z zoning variants would be well they're going to ask for a number of waivers of whether it's area Upland area Frontage there would be certain zoning requirements that would need to be met right they're not and they're not going

to be met through this subdivision so like the piece that's you can't subdivide a piece of land that doesn't conform to zoning yeah without a variance if it doesn't meet the zoning so we we need to get that zoning approval that says yes you can subdivide it the way that you are proposing to subdivide it so respectfully I was just wondering whether we could get the notice um approved uh conditional you

know on you know condition that we get the various I guess I guess that's I'm restating your chicken and egg um so could we get this chicken before that egg in other words well then then we're issuing an order that we may now have to go back to natural heritage again if item one because the zoning decision will the zoning variants will be the first thing so we can issue it then you

can come back and refile if the variance says no or you can wait the 45 days and start the variance process and have your answer be done up front and then now you know all the dominoes can fall after that it's getting rid of that first unknown okay could be done either way but I don't want to issue an order and then you have to go back to this whole process again either through an amended

order or I mean we've waited this long what do you need Mike what's that what do you need is it is it better to do it now and we need the revised plan already anyway for this board so the filing deadline for the date today 5th so the 14th of February you'll be heard on the March zoning board of appeals meeting right which which is a week after this next conservation meeting so theoretically by

the end of March you could have all of your answers at the next Conservation Commission meeting if you filed for the variance and it's in the process then the board at the March meeting can determine all right it's it's two weeks from the zoning meeting if you want the order of conditions signed sealed and delivered knowing you may have to come back after you may get denied in two weeks then that's up to you you

know but in any event I wouldn't recommend the issue of an order of conditions tonight without the updated plan that shows all of these things so that you can make a we bought that an accurate decision okay okay so you okay with the continuance Mike y all right for the record I believe the only abutters are the Commonwealth of Massachusetts in the city of fer is that correct the only buts are other land

conservation agencies right and trustees and okay okay okay any other questions so just to be clear so recommendation is get get the variance get the variance first at least get it applied for because on that variant plan it should show the accurate Wetlands line because the zoning board appeals so this revised plan that you're getting for this submission should be able to do double duty and you can utilize that

same plan for the zoning varant which delineation creates a larger well well I that's that's what we're trying to figure out and it seemed like a small you know the the the the delineations were fairly similar and we'll see yeah safe all right on the same you're talking about the original delineation from the 1990s from the from the order of conditions that was issued for the construction of the house that yeah that

was like 1997 I think and I I don't know who's going to have that that data other than well you can overlay this plan yeah Geo reference it and Sim to what you've done on something else yeah right which I I yeah I can do so if that works that that can whoever the whoever the surveyor is that's going to create this new revised plan right well that's one of the things

is that but you've got you've got Northeast doing a variance plan already right so I'm not sure why they can't create a complete plan that shows the accurate location of all of these items that's what I would have them do yeah okay okay that would be my my as as you're right with it mik so can I have a motion to table till we get a uh revised plan and uh notice from the uh zoning

commission zoning board motion move second roll call I I I yes I all right thanks guys no thank okay thank you next review and discussion of uh updates on B Rock Road uh so Mr chairman after the last meeting we had discussed with the applicant their contractor that I would meet on site with them to review the erosion control uh that was becoming dilapidated we did so on a fairly

Frozen snowy day I went over the areas that we had concern U they had told me that they would be working on it really weather dependent of when they can go in there and not make more of a mess but it's fairly obvious when you stand out there that you know tattered uh silt fence and wadle that's flattened down and hay everywhere and we reviewed all of the areas where silt had

washed into the Wetland and that Chris had concerns about which are all still concerns um I did not get a chance to go back out there today to see if they've made any of the improvements yet um I did tell them to call me once they were going to go out there and do that but it's something that we can follow up with so um I did tell them as soon as

the weather became better that we wanted them to hop on the restoration area you know immediately as you had told them at the last meeting so I would just recommend that this item gets table okay can I have a motion the table motion the table second roll call I hi I yes I hi next is a request of determination of accessibility uh- 184 owner applicant is USS Massachusetts Memorial Committee in

Project location 04 four oh what I do did you jum all righty notice of intent sc-24 d832 owner applicants house Street Properties LLC par parallel product solar energy project location 109 house street sessor map is b-20 00001 filed by Farland Corp on behalf of the applicant the applicant is opposing the development of 40 residential units uh necessary Cuts fills roadways storm water basins utility INF infrastructure

and the the buffer zone this was Ted from January 8th Mr chairman if you want I can just give the initial response and update of where we're at uh so over the last month I've worked with the uh engineering company to go back and forth reviewing some plans revising a certain number of things I can offer that they've made all of the revisions that we've requested except with regards to the scale because

my eyes are getting old and I can't see things sometimes so um I would recommend that they uh that you issue an order of conditions with a few special conditions one of them being that we get revised plans at no greater than a 30 scale our standard per permanent Wetland signage along the limit of work of course site plan review approval and then a submission of the npds permit prior to

construction if you remember at the last meeting we had a couple of comments about biggest ones that you had concerns about was the protection of the 25 foot no activity Zone and we gave them the direction of we can bring everything back except for that little bit of grading at the end of the cuac they've they've met all of those requirements um we've been through I think two revisions

since the last meeting most recent set of plans coming in on on Friday afternoon that I did take time to review over the weekend and I can offer that they've met all the concerns that we have a nip permit required for dewatering no so it it's any construction activity or alteration over over an acre so this is a a fairly large project when you look at it as a whole

can't segment it down house by house so just a standard Federal permit that gets filed Away online and nobody looks at it but something you have to have so it's for the logic construction projects does the board have any questions yeah uh one question you're on cook Pond correct correct uh did you look at the master plan or other plans about the walk around the edge of the pond the path we've talked about that

cuz this went through the zoning board of appeals already and we talked with the applicant about that so currently the 25 foot no touch zone is being maintained that's that's the commission's policy right that's correct that's correct so there's no activity taking place yeah all righty so can I have a motion to Grant order you might want to check with the audience ibody any last time

okay uh so can I have a a motion issue an order of conditions with uh special conditions attached revised plans no greater than 30 scale uh permanent Wetland signage along uh limit of work uh site plan review approval and npdes permits have motion motion I'll second that roll call I I I yes I I all right than thank you thanks good job uh next is a review and discussion of doing fee

structures uh we have no new news from uh uh the state on there uh so can I have a motion to table till next meeting motion to table yep second roll call I I I yes I all right okay next is a notice of intent se- 24833 owner applicant is Raha Robbie Robbie okay uh project location zero Florence Street Sor map is r-16 0080 filed by Zenith Consulting engineering LLC on

behalf of the applicant the applicant is requesting uh proposing construction residential dwelling with Associated parking and Grading and utilities this was tabled from January 8th I can give you a quick update um of where we're at so at the last meeting we had requested that the applicant provide um a detailed Wetland delineation narrative some data sheets and the information that went along with the

with the wetlands flagging that that took place out on the property that information was submitted back to us uh back on January 29th it's this report um that I think was forwarded to all of you um I would feel that it's beyond sufficient for the for the type of project that we're dealing with with but that's we can discuss that section next um as part of this review um if the board wish to issue the

order of conditions again site plan review would be required um I've requested that the proposed sale along the souly boundary line be looked at to ensure that runoff does not get directed to the suly of butter basement slab should be set at least 1 feet foot above the estimated High groundwater elevation and standard resource area signage to be placed at 25 foot intervals and angle points along

the approved limit of work the plan that's presented does um does keep the 25 foot no activity Zone as proposed something we don't see on a lot of projects but that they have done what they could to minimize the alteration to provide that to us the only other outstanding item that I have um with regards to this is we had received correspondents before the last hearing from the Souther Leia butter and their

Wetlands consultant requesting that the board um send this Wetlands line out for a a thirdparty review so that's something that the board will have to determine whether or not they feel it's required um beyond the additional information that was submitted maybe the abut will have some additional information to add tonight as well but that would be the outstanding item I think for the commission to uh to deal

with before we talk about that is there anybody here to comment why don't we let them when we let the applicant respond first you didn't go yet good evening Jamie B Zenith Consulting Engineers I'm here with Claire did you talk into the microphone sure I'm here with little louder thank you Claire hogum from LC I said that right close enough um clear's the Wetland scientist that delineated

the Wetland so if there's any specific questions for her uh I should be happy to answer them um I believe Dan uh said exactly what I would have said which is that we kind of went through the process got Dan the report and um and we're here tonight hoping to get an order of conditions I said and we're here tonight hoping to receive an order of conditions yeah um let's see does the board have

questions I looked to plan the second opinion was looked like it was done right so I'm okay with that um any other questions no was there any wait and see what the what any of the abutters might have to say Okay uh is there any abutters here that have comments thank you Mr chairman uh Brandon f for ecosystem Solutions I'm representing Lori pette at 326 henlock Street which is the southern Le AB

butter um I want to thank Mr aguar for mentioning um how M Pat is requesting that the well and Boundary be peer reviewed um I've been there to mr's property um and looked in from her side um and and the thing that I noticed about the property is that um the entire site has the requisite Wetland plants to call it a wetland but you then have to combine it with another indicator of hydrology

like does it have the hydric soils does it have the surface or near surface hydrology to go along with it so I'm here to reiterate Miss Pet's request the commission require a third peer party peer reviewer of the Wetland boundary I I know Miss hugaboom to be a fine Wetland delineator uh we trust her delineation we would feel better if it was verified so thank you okay anyone else the only other thing I would offer

is that um the commission should in contemplating this and if the request is granted that all petitions including ones on tonight's agenda that have not yet been approved um go out for third party review for for wetland delation review um that's up to you guys to decide how you want to want to deal with that but I think everyone should be hand treated consistently yeah I mean the Wetland

boundaries over time they change anyways right they can't you as I said in the previous I mean they they they can change um and the the initial um submission that Mr fan submitted was not with regards to what he visually saw but that there was a past filing for his client that indicated there was some Wetland flagging on this client's property not wet line wasn't approved as part of the project because it it was on

off site but his first argument was on the basis of well the old plan showed this Wetlands line so as we discussed in in the previous one yes there are different Wetlands lines and we just want to make sure we when we come now we look at them all as new um the same way that we're dealing with Indian Town Road when we look at when I looked at Brandon's delineation and the

information that he submitted I agree with his new delineation however are we going to deal with historic lines as being present lines or are we not across the board so I just want to make sure that everybody gets treated the same way right yeah um how's the board fill on that I mean I think she looks like she's capable of doing her job and like I said just the fact that the wet Wetland

boundaries do change over time I would feel comfortable with what they're presenting to us today the the the other thing too and you all know um the abutter still has the ability to appeal yeah to d d can come down as as the third party at no expense to the abutter or to the applicant and if the line's wrong then they need to come back ask for an amended order condition and that

remains an an open option to the abutter absolutely okay yeah how so how many times has the property been delineated this one just as far as I know two one for the high school project is that the other side of the W for the high school project yeah okay once with Miss Pat's property about 25 years ago and now the the new one okay yeah um I would like to say uh that based on Mr

yar's uh comments that yes D can be the third party here but and and if that happens though and DP is comes in the commission loses uh you lose your power under the wet's protection act D then takes over the project so I just want to make that that clear is there any concern does the butter have any concern aside from the delineation itself um she is here if uh she has any other

concerns but we're focusing on the the Wetland boundary right now okay that like is is runoff uh a concern run a concern of mine and that's why we've asked that the swell and the grading be done to ensure that that's a more than logical know request to ensure that the runoff isn't running the proposed house is significantly up gradient from the souly butters you know out the property so

um you know I mean I I I think runoff is a concern but as long as it's being managed appropriately with the appropriate drainage Swale and it's being directed towards the the existing Wetlands not sure that yeah Mr chairman the theats would like to to make a comment about the design the land self is so far down that they have to come up five or six or seven feet even just to

reach the road so you're going to put in so much fill and SES and Grading that doesn't last it wears out through time few heavy rains and that's gone and for them to put this in again the road I mean it's not my property I haven't stood there but from where I can see it's 5 to seven feet lower than the street so when they grave that tiny part

of that land because all the rest is wet land where is all that rain going to go it's going to go on the wetlands and then it's going to come right back into our house and and I don't think sailing is going to help all that much for an extended period of time okay what's the board's wish on the third party could I ask Mr chairman of I know um how does the delineation affect her

comment she's commented I mean there is the drop there but it is so there's there's a portion of the lot that sits up higher and then it slopes down towards the Wetland and the way that they've con proposed the construction of the house and minimized the amount of fill around it yes every site requires fill so the store I want to make sure that all of the runners off so all of

the roof runoff is being directed into underground infiltration Chambers to ensure that no runoff from the roof area makes it out onto the ground the grading from the grass and and all of those areas I want to make sure that it goes to the Wetland and continues on its way and doesn't flow directly into the abutters yards that's what I that's what I want to make sure happens with as far as the

grading goes okay we've been talking about the delineation of the Wetland two separate things correct and they're not really related not really except for the amount of room that you may or may not have to construct a house or perform the grading if the wetlands line let's say would to change 100 ft then you wouldn't build on this lot if it were to change 10 or 20 feet still really doesn't affect it it

would reduce the 25 foot no activity it wouldn't affect drainage or that kind of thing that's what I was thank you okay so we want to take a vote on seeing if we should do a third party or I feel like as is the delation I mean if you want why why don't we listen to the consultant you know she can offer what she did so you can get a better understanding from her because it's not

an easy site it's a fairly disturb site very Hummy rocks puddles a number of things but she is the uh she's the uh the consultant that submitted the report and my only comment is that the larger issue with the site is the fact that you have two streets that were never there they were developed some time ago and they all shed water so you have a significantly large amount of you know

paved surface that's directing water down into that Wetland um that's an that's an issue so right that's not going to change anytime soon so that water is being directed by both streets on both sides of the ab butter um because there is a pretty significant grade and it's you know it's basically delivering that water about slope to the existing Wetland so you're Als in addition to that you're getting water

from Ray Street that turns the corner and heads down so it's being conveyed to that Wetland regardless of what you do and because of the paved surfaces would you like to your opinion sure uh for the record CLA hogaboom Wetland scientist with LC environmental Consultants we delineated the Wetland boundary uh in Late July early August of 2023 uh I think Mr aguar had been describing the

site quite well it's very Rocky sort of pit and Mound microtopography throughout um and Mr fenu did point out there's some Wetland vegetation throughout the site but during our site evaluation what we found was that areas in the Central and Western portions of the site were dominated more so by Upland vegetation um areas in the Eastern portion of the site where topography very subtly descends into sort of a

isolated depression along the Eastern property boundary we had more dominant up uh Wetland vegetation although you know Wetland and Upland vegetations such as White Oaks are prevalent throughout the site uh other indicators of hydrology that we found within the Wetland itself included you know standing water water to the surface Leaf staining and drainage patterns and that was during the growing season um we

didn't really observe any of those features within the Upland portions of the site um and lastly with the the soil characteristics that we identify to um determine Upland versus a wetland uh those results are provided in the field data forms in our report that's very similar to what we were finding over the summer to create our Wetland line uh or determine our Wetland line in the first

place um we have very clear hydric soils really thick Mucky um organic layer a top a very GL laid depleted Matrix with a lot of redoximorphic features in it um as opposed to the Upland where um we did have a depleted Matrix below 12 in but it was not indicating that hydrology or the water table is within that top 12 in that is required to um determine it to be a wetland soil so

um overall you know the vegetative Community there's a lot of entanglements a lot of dense vegetation that we found in the summer but um after Mr SBE the applicant asked me to prepare the report for the commission prer request uh I did a subsequent site visit uh a couple of weeks ago in January um so the lack of Leaf cover was actually very helpful to really see the um sort of subtle

topographic changes in the site and um after reviewing again after a few months of not seeing the site I still feel comfortable and confid in where our Wetland boundary is I think that was January 15th is when you went yes that was thank you so in your opinion if the house would to be built the water's still going to run to where it's running now into the wetlands she not engine yeah I was

just be dangerous but I'm not opinion it would it would be it would follow down into the wetlands where it is now that is that is correct that's the intention so building the house wouldn't make the wall water flow up it would still flow down yeah we're not looking to create any the original plan showed that grading and that swell I would like it to be even more prevalent and more pronounced okay so that there's that

there's no question to any contractor that's building this what the intention is with storm water that runs through this backyard it is to stay within this property and directed down gradient not subtly to the abutter and that's something that the engineer and myself through a revised plan here as well as through what has to go through site plan review we can make sure is installed

Jamie is the pitch gr is the gradient greater um to the heading east or

South um I would say that it is greater heading east I'm sorry greater heading east than it is South it the front portion does head south but you're going to have you're going to have more of a push going west to east than you are okay north to south so see there was this this grading MH with this SW that's what the intention is I want this to be very well distinguished maybe even

dragged up okay to make sure that all this water that comes down gets caught and runs here not here but right now the site generally you know you see these Contours basically runs in that Direction yep he's existing 71 73 so actually like this to that well are there any Street trains at the end of Sly a butter street at the end of I don't know about at the end of is it

weedo what's the end of H Hemlock H I don't believe there were any drainage structures there okay now as part of through sight plan review we can potentially do something at the end here to help out with water quality okay as far before it runs down the hill especially where there's a bu of trees now laying down and at the end of that road we can do some improvement in there through site plan review

okay I me as far as the Wetland boundary um I'm satisfied with her explanation and how she came to that conclusion so for me that's okay rest of the board's okay yes okay all righty um I'd recommend an issue of order conditions with the following uh site plan review required revise the proposed uh swell along the Cel border to ensure the runoff will be directed to the resource are and not southernly abutted

uh three the basement slab shall be at least 1 foot above the estimated High groundwater elevation for standard resource area uh area signage to be placed 25 uh feet intervals and point angle points along the approved limit of work and uh can I have a motion so moved second gooll call I I I yes I all right thank you thank you thank

you okay next is uh coming from request for determination of accessibility uh- 184 owner applicant is USS Massachusetts Memorial committee Inc project location 5 Water Street sessor map is n-13 0021 this is filed by Peter okay project manager from Battleship Cove uh requesting a request for determination of accessibility the app is proposing to repair existing drainage uh damaged sewer lines above and below

the existing peers by installing approximately 18 ft of new pipe this was tabled from 84 uh January 8th um we can just give a quick update um this is again uh the installation and to repair an existing sewer line uh that's above grade no excavation required hangs from structures that are out there now that just came through as a request for determination uh we would have recommended approval at the last

meeting but it was brought to our attention that was a DCR review that you were still waiting for green docket to take a look at okay you know what I sent to you guys and they did and I added in a couple of comments that they made basically you know speaking to the fact that they didn't feel as though it was okay you know an issue so I would just recommend that you issue the negative

determination box three which basically says there in or Source area or buffer zone but that the actual construction activity uh does not warrant the filing of a notice attemp okay okay is there anybody here to to comment on okay uh any questions from the board no none okay so can I have a motion to uh recommend a negative determination checking box three so move second roll call hi I I yes I yes okay

thank you thank you great thank you very much uh next up is review and discussion of 1262 bright a uh this was table from January 8th so as you know the last discussion we had um regard the ongoing 1262 Bron Avenue we did get to go back out to the site take a look at the erosion control it has been updated D sign has been placed the next concern of course would

be is the utilization of the property in a manner not consistent with the order of conditions that was issued with this property it was a very specific list of construction schedules and timing of things um of what was to take place none of those things have taken place what has taken place is when you go out there and I know a number of you have is we now have a complete altered area with I

think asphalt millings and a number of vehicles being parked uh well beyond the limits of where you had approved them to be parked once the Wetland area was replicated once all of the storm water management facilities were constructed uh so they basically just bypassed those first few steps in the construction sequence and just went to full utilization of the property yeah that's that that's my observation has a site

plan review been completed um completed with again a number of conditional items that need to be addressed prior to the the issuance of a number of things again very sequenced that you do a b and c you can do DF once you do GH and I then you can do the next uh so that that has other than the erosion control that has not been completed as well yeah I did see you started on the

erosion control but still got something to finish up um Jamie Binet from Zenith Consulting Engineers here on behalf of uh Mr you speak louder again sorry about that yeah here on behalf of Mr Melo um yes so the erosion control for the most part has been put in um and we do understand Dan's concerns I was out on the site last week with Mr Melo um and we see what uh Dan is is referencing

we're working right now to finish up some minor tweaks to the site plan uh per site plan review uh I should have that plan into Dan and his office this week um it includes a guard rail as requested did and some other modifications that we discussed um including a car wash area that's outside of the buffer zone um to make sure that it goes through the proper treatment prior to going into any so it doesn't go

into any storm water um we've been working on that um in the meantime I do know that some gravel type material has been placed down where they are parking machines um Machinery parking is not as shown on the plan uh but we're not done with the work on site yet um and speaking with Mr Melo we're going to start doing the temporary drainage that was shown on the erosion control plan uh

cutting that in um and we're going to also get started on the uh buffer zone restoration we understand that those are two big steps we're limited as to what we can do this time of year with the buffer zone restoration but we can certainly get in there and start cleaning it up um and the drainage itself will be a nice uh big step in the right direction to getting some storm

water quality out of out of the site the other thing you'll notice that we'll be doing over the next couple of weeks is surveying uppr and have uh for the sewer and water tie in up near Dunkin Donuts um so uh Mr Melo is investing a lot of money and time into this um and I I do believe he honestly feels he's trying um you know to do the best that he can here

um so I'm just I'm hoping that we can work through this and and come to come to a final um I think the project when it's done hopefully will be something that everybody's happy with but I do expect to have revised plans into this week so when the projects completed we have a very specific area of where Machinery vehicles and the light can be parked yes why can why can that location

not be honored currently why why are we parking in areas that are supposed to be Vantage infrastructure material bins I would request that the some survey work take place and you create some type of a boundary that creates a very finite area of where machines can be parked there there cuz there are not only machines for operation back there but also vehicles that are for the auto repair business

that's located out front I I believe that's something we can work with we can work on correct well on the plan on the plan where it shows where we park our equipment is where the ledge is not not all of it there but there is an area that be par so I'd have to remove the ledge to park them that's right so there are a number of steps you need to get to

before you can even remove the ledge I know I was just answering your question as your request to park the vehicles there I can't park them on the ledge so maybe you shouldn't Pock them there at all Mr M and and I when you first came before this commission after the trees had been taken down you you expressed you know that you were upset you weren't sure of the process and that you wanted

to work with us okay and we want to work with you we want to see people prosper in this city we want to see you know businesses do well but at every step of the way sir you've done just what you wanted to do we had a very specific order of conditions that specified exactly there's supposed to be no vehicles on that property sir until the erosion control was in place um

drainage in place that was all to be completed first and we drive out there and there's heavy equipment everywhere and and you're directly about a Water Resource area we we we want to work with you but you're not working with us sir okay can I make a comment sure can you show me on the order conditions where it says as I cannot park Vehicles there I think we had a very robust discussion

about materials what had to take place before anything else took place there correct and you should the bins are supposed to be installed and maybe I'm wrong am I missing something no no they're supposed to be because those were all barriers to where you could park vehicles from corre so the the approved plan set is what governs that piece of property correct so you can't pick and choose the

sections of it that you're going to comply with okay and it's very specific to what items need to be done first it could be taken so far that you can't park any material or vehicles on that site until the whole site is constructed so we're trying to work with you and give you an opportunity to put machinery and vehicles in an area that can address the concerns to the Wetland resource area

and you've clearly not done that and refused to do it that's why you were served with another enforcement order I just want to be clear I'm not refusing to do anything well we've asked you to do it and you still haven't and on the approved set of plans in that area that I cleaned up so the inspection of the erosion control could be done we've spread processed gravel that was bought

from the Quarry in Idan if you like receipts for all that I can give you receipts for all that it is not millings there isn't an oun is not supposed to be gravel there supposed to be bins no no but there supposed to be restoration area yes and then material bins storm water management detention ponds you have graveled surface where there are supposed to be drainage sres detention ponds and the like you've

graveled out the whole thing there should be no gravel there there should be storm water management there should be SES and ponds I understand that so where did you get a permit to gravel it I cleaned the area so the in so the inspection could be done for the erosion control bringing in fill and cleaning a two different things bringing in gravel and cleaning two different on top of it

I had I had so again you so we we we put the special we put the order conditions in place with special conditions and you received a copy of that correct correct okay and I'm not trying to be disrespectful but in the terms of order of operations you were supposed to follow is anything that is is anything that you're unclear or unsure of with respect to that steps in that

process am I unsure of anything yes it was a few things I'm unsure of yeah okay so again we talked about Mutual cooperation right so you could reach out to any one of us to Dan um if there's if you're unclear on something but to just say I'm unsure and then proceed in doing just exactly what you want to do is not acceptable to me as a commission member I don't know about everybody else but

and and this has been an ongoing issue sir and we are really trying to work with you I proposed at the last meeting you weren't here I said you know we don't want we need to have we need to be vigilant and we're going to continue to be vigilant at that site and if you want if you follow a step in the order of operations that was prescribed by the commission we don't

and I said we don't want you to have to wait an entire month for another meeting in order to proceed with the next step you can call myself Dan and we both agreed anyone can we'll go out there and say yep you're good to go step three step four but to circumvent the special conditions that we put in place under the order of conditions is not acceptable I understand that that's my

question you cuz you're just doing it anyway sir and I and I hate to be and I'm not trying to be difficult but we ask you not to put any materials on the on the property itself and then we go by drive by to find Road millings from the Route 79 project and then we at and then you said well I removed them once you told me to but we told you to right from

the start not to put any materials on the property side and I hate to and and and I'm not we want to help you but you're not helping yourself and you're certainly not helping us and I'm just I want to be really upfront with you that we there's going to be a lot of vigilance on that particular project we will be out there and we need you to follow the special conditions as prescribed by this

commission we had a very robust and detailed conversation types you went out and and met with Mr Fiola and you came back about what types of materials what materials you couldn't have we we still haven't received plans for your potential storage for diesel fuel on the property we need that that hasn't arrived are you are you presently storing diesel on the property would be my question I am okay so again another

step in the process that we need to see those plans how you're storing the material and this again this was all spelled out in the special order conditions and I know Jamie's working very hard on his plan revisions but we don't want a revision we want it done right in the first place do do you know what I'm saying without without us seeing your plans to store diesel on the property directly abing a Water Resource

area known as quick wasan River you're not working with us Mr melow you're really not yeah yeah and I'm not try trying to get on a soap box here but I think I've reached the I've reached the limits of my patients with this and and again you one more step in the special order of conditions I hope do you have respect for this commission sir absolutely okay so why aren't you doing

what we we've asked you to do in the special order of conditions in the exact order that we've requested you to do it that's what my question was in the order conditions the special order conditions the first one I read was to in all the erosion control andab inspect well the first thing was site plan review and that was completed okay and approval and that was completed was it not was it

appr with conditions that we're still waiting for on that as well okay so I did that well the but we're still waiting for the final plans yes so then it was the erosion control inspection which I called for you did after after an enforcement everything was already all cleared and we've received complaints of course it was no it wasn't okay I called field of the rosion control inspection inspector went

down there said he what inspector um you didn't call the Conservation Commission I called um cuz when when it finally came across my desk not um building department no the um the building department right so that's not the Conservation Commission so the order of condition says put up a sign get erosion control those are the the first couple of steps okay so when I got called to go out to

look at erosion control site was cleared gravel everywhere Vehicles everywhere 10t away from the resource area Vehicles parked along the edge Dennis that's what his name Dennis Dennis okay he was out of the office for two weeks he referred uh Glenn to the site Glenn went there said he couldn't inspect the erosion control because it was so overgrown told me to clean the area I clean the area so

it could be inspected there's where we stand okay so then how do we get to the placement of gravel where it shouldn't be and the parking of vehicles where they shouldn't be when I clean the area I par but the what gives you permission to park Vehicles wherever you want where in that order of conditions does it say oh while I'm doing all of this I can pop whatever I want right against the Wetland and I

can build gravel parking area right up to the to the the the hay Belt Line well I believe we're parked 100 ft away from the Wetland area and I didn't read anywhere I said I couldn't that's why I took it that way but where did that permit is very specific of what you are to construct when and how corre where does it say I can build a gravel parking right up to the hay Bell

line it doesn't say that so why did you do it it didn't say that I couldn't do that you got to be kidding me so if you want to build a building in the Wetland that's going to be your response what permission did you have to build a building in the Wetland well didn't say I couldn't build a building in the Wetland you have to follow that plan and those orders conditions precisely

nothing else can be done on the site except for what says in that document that's the purpose of a permit okay yeah and not all vehicles are 100 ft away from the wetlands no aside they're right backed up to it then you had stockpiled telephone poles and Beyond the uh erosion control in the wetlands so okay I mean can we expect that we're going to be be brought into compliance

on this this going to be a long row may you have a uh schedule of activities that I don't think we necessarily need to see it but do you have a schedule of we kind of bring you up to sure we met last week on site um and we were authorized to proceed forward with the sewer and water we discussed that uh before um and yes we discussed uh bringing the site into

compliance with the erosion control plan um is it in compliance now Jamie with the erosion control plan it's pretty close yeah what I was getting at was we have a temporary Swale with a temporary drainage basin and so we were talking about constructing that in the interim um as part of uh moving forward um I believe the erosion controls they're in pretty good shape overall they they do

have um a bail of mulch a hill of mulch as an added measure that was looked pretty nice um I do believe if if the commission's Willing we can uh come up with some kind of a sketch and work with Dan to make sure that the vehicles in the parking area so we can it's it's very simple of where the vehicle's can to be parked it's within whatever parking area is

shown on the approved plan okay can't be parked where there's going to be drainage constructed yep can't be parked where a restoration area is supposed to be all that gravel needs to be removed and we're we could say you can't park anywhere until anything gets done sure mhm but if you can and that's all about where I'm delineate where get all the vehicles off theer beyond what you're supposed to be constructing MH

whatever's left in the interior of that site I don't have a problem with you parking vehicles on okay or Machinery I don't but I don't vote no and again I I think we've been more than I mean we've been more than patient with this and every time we turn around everything's being circumvented and it looks like business is going on as usual out there in in complete disregard for the special condition

in in this commission so either it's going to get done right or it's going to be a as Dan said it's going to be a long row so what I you know I'll volunteer if you need me to come out and look at something if I'm unsure I consult with Dan I'm willing to help you out I just want you to do it right and it's not being done right Mr

chairman um I want want you to know that I think they're probably they're being much nicer than I would be um I support the thrust of their statements 100% um quite frankly you've made statements tonight they may be true they may not be true given the record given the record that you've said here there everywhere um I'm not comfortable with any member of the commission including D

Chris or the agent giving permission to stuff that isn't in writing MH and it isn't approved by the by the whole group no I agree I'm in complete agreement with you Reverend um we just want to ensure what we agree to as a special order of conditions the the the the the yeah you can tell to be sure that they're following that order of operation spelled out in a special absolutely because we've already

approved it so what we've already approved the noi with the something is continually violated I don't know if it's still in force that's the next the next step will be D is to go to D and request that they impose fines administrative consent say it a little more loudly then the next step if if the site's not brought into compliance is to bring D in and the enforcement capabilities that they have with fines

administrative consent orders and we can go through that whole route mhm that's the next step I don't understand that tonight but I'm certainly would no and I and I think we're giving the applicant plenty of time to resolve the situation we had asked weeks ago that it get resolved before we come here I drive by every day on my way home I haven't seen Vehicles moved into a location that that

they should be so right so we've been ignored again right those you are saying pretty much what I was thinking thank you I I would think that be if the site not brought into compliance before the next meeting that the commission should entertain reaching out to DP yeah right we get the state invol thank you I know you'd sent uh Dan an email going out to inspect the site because it was vastly

improved and I went Sunday I mean you did have some erosion control put back in still a few pieces missing the front but then the trucks were so close to the uh Wetlands that I'm it's like really was the same way was two weeks ago when I except for some new erosion control sure I believe that that was an email from my client Mr Melo but I was cced on

that as well I do know the one you're saying this this weekend I drove by there and I observed them washing cars you guys had the pressure washer just washing cars and you know all that oil and everything else um again I I mean I'm going to Echo what Chris is saying we we want to help you as a small business owner but we have to uphold the well and protection act we have to work together

you know we when we give you a task you know all you have to do is complete that task we're not trying to make it more difficult on you you to be honest you're making it difficult on yourself we don't want to see you we we give you a task we tell you this is what's under the order conditions do this this and that you know you have your consultant you can

reach out to anybody here and just follow those steps and you should be good so I mean you know you're putting yourself in that position we really want to help you want to see you succeed but when you come in front of this commission and we give you a set of rules you have to follow those rules on uh the washing of the trucks by the garage yeah first week I purchased the

property there's a catch Bas in there on that corner you can see on the plans that was on the property we installed an oil uh and um chemical uh it's like a it goes in a catch Bas to collect all that so there's nothing going from oil we I mean we don't I'm glad you told this this but we don't you know I don't know this so I'm glad that I'm being told

that but again it goes back to what we have in the order of conditions just make sure you go through those and follow those steps and do what you're supposed to do right and I was never required to do that and and that's fine because you w supposed to be washing Vehicles you're not supposed toing them right that that was my point same thing I observed there's a lot of materials we

talked about the bins and there's still a bunch of materials there's no bends um so I mean I think the way it's going to go if it's non compliance before the next meeting then you know it's going to go either way to DP it looks like DP do is there any uh concern with the next steps like do uh is there a plan for what you will do to bring it to compliance by

you're not going to do all orders that are in the special conditions but no physically impossible to do all that I think no but brought into compliance with respect to which things should have been completed and if you can't proceed to The Next Step you can't proceed to The Next Step should we give them what the top priorities are and have them work on that obviously they're not going

to work on the whole thing before the next meeting but should we tell him um you know give him the top three or the top four concerns or whatever it is for them to work on and see if something happens yeah that was spelled out in the order of conditions and our special conditions that we imposed on them so that's the what they should be following the only thing that that and I

appreciate you bringing that up the only thing that I would like to bring up is right now the buffer zone restoration really is kind of a it's a it's a difficult thing to take we're not going to plant right now this time we understand that but the second step being the storm water facilities I think that we can definitely start on that you know we can put in like we talked about

the the temporary storm water on the erosion control plan I think that that's a very um that's something within the next month we can get in place um excavation restart I think I think the removal of placed gravel somewhere that it shouldn't be it would have to be that should be the first thing removal of vehicles from where they shouldn't be mhm those those are easy things yep then you can stop with the

construction activities so I would think by the next meeting again my opinion only that any area that currently has gravel place that shouldn't on the final product plan that that gravel should be removed y if there's Vehicles parked anywhere where they should not be parked on the final plan they shouldn't be parked there pretty simple yeah I think those are three achievable steps that we

can work towards I would hope so before the next meeting we all hope so because you know you have to show us that you're willing to work with us and if you are you know we're willing to work with you and things are going to go a lot smoother if that happens I think right well what the commission could have done is only issue an order a condition for the restoration to be completed and

not contemplate the entire order trying to work with the applicant and giving him an completely permitted project with steps within it but but it could have been okay don't come back to us until you've restored the Wetland okay we still may be sitting here waiting for the Wetland to be restored and have not reviewed or approved your project so I think the commission was very Progressive with issuing orders with

conditions as well as site plan did to illustrate that hey we want you to do this follow these steps be done we don't want this permit process to keep going but then when you don't follow those steps now we we kind of second guess ourselves of hey maybe we shouldn't have given this permit with conditions maybe we should have got and we issu and we issued that after we had had issues with

the project and that piece of property so I think we be you know that we had had right from initially right from the start so I think we've been more than Cooperative with this project we've we've again we want to see business succeed in this city but it's got to be done the right way understood I think everybody understand I don't know why I'm talking to you talk this table till

next month I know he's Jamie this table for a month we'll see what happens yeah well we'll be we'll be out there I just want you don't know we're going to be go we're going to be going out there but but you can see before we move to the next step that we want to see those three things so can I have a motion to table till next month well it's just a

discussion right it's it's a discussion yeah but I mean to put it on the agenda for next month I'll make a motion to table for next month let's see what you know hopefully you guys follow up be in a better position like to change the motion that we put on for next month and if they are not in compliance then we proceed with the EP I think that should

be you know what Chris at this point I totally agree so I'll withdraw my motion if that's your motion I'll second it okay so we have a motion do we have a second yep second what is the motion no motion is the three items that we discussed have to be done if not we're going to turn it over to DP all okay roll call vote I I I yes I

hi right all right thank you have a good night good luck guys uh next we have up uh review and discussion of 263 Redwood Lane this was tabled from January um so Mr chairman um as you know we had sent a letter out to the property owner at 263 Redwood Lane with a few violation issues I have had a few meetings with the the property owner and their representatives um as most recently on

Friday they are in the process of hiring an engineering consultant uh to go out and get the Wetland area flag they know they had a cease and assist all activities which they've they've been amenable to so they're working on getting some some plans back in and and submit to us with whatever can potentially be permitted what needs to be restored but I explain to them right now we just have a bunch of unknowns

until the consultant goes out and gets the lines flag you know survey topography and let's let's let's look at what's permittable what's not you can file for notice of intent for anything that can be permitted and or what needs to be restored so and the Consultants would have a a copy of the deed restriction correct yes yes they have um I I I supplied again all of this information to to the owners um they had

they had offered that they knew there was a restriction in place but they did not know that they had never read it or was that was entailed in it that they were in violation of so yeah now everybody knows and they're going to they're going to come in with something are they heavy heavy equipment and all the lighting still out there do we know um I I know when I talked to them about

that last week they want they said we left it so that this was at the time so that when people went and looked at it it didn't look like they were trying to remove it okay so I I'll follow up with whether or not those materials have been removed I'll make sure they any questions from the board no is anybody here to that okay I told I did not need

to appear okay so we're going to have a motion to table till next month move roll call I all I second yes no te second okay next um request for determination of accessibility of 185 5 owner applicant is Ronald rsen project location is 2011 Napoleon Street sensors map is d-1 16- 0047 filed by applicant the applicant is requesting request for determination and accessibility a single family house

constructed a majority of vacant parcel Disturbed trash debris uh the app the applicant removed all debris from the parcel during construction cleaned the lot which was uh logistically at the time work portion of cleaned area fell within the 100 foot buffer zone um this uh applicant did not file for advertising so can I have a motion to table motion second roll call I I I yes I all right all right uh

next um request for certificate of compli is se- 24773 uh owner applicant is skip the page I think no under did I skip the page nice new business to 24773 okay yeah uh we'll take a recess break well okay you want to play some music or you can sing

one

done no we should have done is um we should have took two four two four and five together you can if you would like yeah I think we should do that to speed things up I'll make that motion when it comes back four five

yes of you

all righty so next up could I have a motion to take two four and five together motion to uh take two four and five together second Rollo I I I yes I okay two is a request for certificate of compliance se- 24- 773 owner applicant Highland Farms development 2 LLC project location 236 Fieldstone Lane uh sessor map is u- 04675 by civil environmental consultant Inc on behalf applicant uh the applicant

is requesting a certificate of compliance with exceptional lawn development on this slot and work authorized under the order has been completed substantial compliance with the order condition next the request of certific certification of uh certificate of compliance se- 24785 owner applicant Highland Farms development 2 LLC project location 157 fil stone lane assessor map is u-45 filed by civil an environmental

consultant on behalf of applicant the applicant is requested a certificate on compliance with the exception of a final lawn development on this slot the work authorized under this order has been completed in the substantial compliance with the order conditions and the next one would be request of certificate of compliance se- 24788 owner applicant Highland Farms development 2 LLC project locations 164

Fieldstone Lane cessor map is u-4 0069 filed by civil environmental consultant on behalf of the applicant the applicant is requesting a certificate Appliance exception of final law development on this lot and work authorized under the order has been completed substantial compliance with the order condition can I have a motion for uh request for certific compliance for three lots well does Dan do you have

anything yeah nope I I recommend the issuance of the certificate of compliance for those three CS motion to um approve coc for items two four and five second seconded okay roll call I I I yes I yes that's yes next is the request of certificate of compliance s- 24774 uh owner applicants Highland Farms development 2 LLC project location fil stone lane cessors map is -4- 0068 filed by civil environmental consultant on

behalf of the applicant the applicant is requesting a certificate in compliance with the exception of final law development on this slot and the work authorized under the order has been completed in a substantial compliance with order conditions so Mr chairman and commission members I have visited the site and I can offer that when I had looked at the site a few months ago for uency permit for the

house uh set for that to get the people to move in there was we had required that they install a post and rail fence um along the 25 ft Riverfront area to steep Brook that was all installed signage was in the appropriate Place everything was fine it's probably five or six feet off of the bump out portion of the side yard of the house and remember remember it specifically went

out to go do the inspection for this request and the post and rail fence has been removed new metal fence installed about 10 ft off of that into the 25t riverfront area um and the yard being extended up to that area as well so they've gone well beyond what was permitted and what was already constructed so they went in and actually moved the signs and moved the fence I let the applicant know who was

the developer of the issue he would all these lots have already been sold so he was going to let the owners know that what they did was incorrect we will follow up with an email to them as well but I do think to ensure that this doesn't happen again that you should recommend some type of tree or shrub planting along the backline of that new located fence I'm fine with not being

post and rail fence if he wants to move the black metal fence to where the line was when you go out there you can see on the ground yeah so the first 30 ft is still Po and Rail and then it veers off black metal but you can see on the ground where the post and rail fence used to be so it's pretty obvious um and then I'm beyond that fence area so move

the fence back to where it was approved to be remove the fill material that's placed Beyond it the lawn and everything else and then plant a row of shrubs of some sort along that new approved limit of work so keeping the metal fence yeah move the fence move the fence to where it was and then plant some shrubs along the fence behind it y I went out Sunday and looked at it and I couldn't it it

did look different but I didn't realize till Dan showed me on the M plot M what he had done so plus they left the look so obvious so would this require an enforcement or um it it could um but right now I mean we're going to let them know um okay see how they if they don't respond yeah the next step would be the file were you in contact with the

contractor or the homeowner both okay so at this point they know happens when when someone when an applicant requests a certificate of compliance it only has to be the whoever the order was issued to and who the requestor is not the property owner okay so they're not part of this so they so they're now just being alerted to the fact that hey you're not getting a certificate of compliance your title will still be

clouded at the registry of deeds with this outstanding order of conditions You Want To Go finance you may not be able to get one because you don't have a certificate of compliance so it behooves you to resolve this matter they may ignore it and then the next step would be infor filiz so for for now can we can I make a motion to table this um yeah we can I mean we've been leaving these

tables until they resolve the matter that's up to you whether or not you want to see it or I can tell them refile once you get it done it's up to you but if you want to keep it did you send them a letter or should we make a motion to send a letter or you can direct me to send a letter alerting them to the that we did not issue it and why and please

respond yeah I would say we have a motion to uh send a letter noting that the approved limits of work uh has been extended Wetland signage has been relocated post and rail fencing has been relocated with an iron fencing sign engine fencing must be put back where it was originally placed fill in the lawn beyond the approved limits of the work approved and recommend shrubs or tree plantings at 8ot intervals

yeah uh the iron fencing well uh they can or keep the move the iron fence back okay I I would make that motion okay second second roll call I I I yes I yeah I okay all righty next uh notice of intent sc-24 d835 owner applicant is Donald Scott and Mary L Church uh project location 1040 Dickinson Street cessor map is D- 9-28 filed by I'm going to mess your name up uh

okay call me Alex Alex uh engineering on behalf of the applicant the applicant is proposing to repair an existing evated seaw wall at 10:40 Dickerson on southw Tupper Pond yes for the name my name is Alex gorodetsky I'm a professional engineer my office is 422 North Main Street in FL River and uh that's the project for your consideration that's a portion of the uh that's a revised plan I don't think you

have this plan had conversation with Mr regular and that's the latest and the greatest version of the plan and basically there notated but all the way acoss AC the we received I received some comments from the state there the issue the file number and they have concerns whether this is there was a wildlife habitat and what I received back it's just per view of the conservation commission to establish it

it's those comments the gentleman fion comments he apologized that it was a confusion it should be only given to the to you the Conservation Commission so basically uh my reply was that this seall was permitted under simplified uh application in 2003 application had to be amended in 10 years amendment was not done it's expired so I contacted GP I sent them email because there was no unfortunate direct number

which way should they proceed with command application will file new one and I haven't heard anything yet I sent email on Thursday than that I Bas outside this I'm sorry outside the appr goall

fall the issue water has to be addressed one another I just I hate to go through license consum but whatever state eventually it will back to the state okay so what I can offer so this was permitted back in 03 like Mr gardeski stated they did receive a simplified license back in 03 what that that's taken place we now need to make some type of improvement to to protect this wall that's not in the greatest shape

not it's not falling over into the Pond yet um so there's there's some discussion about okay what is the best way to support this move one option would be to completely reconstruct it in the place that it is of a similar liking kind but either done better or better material or as Alex has proposed install um a rock you know large Rock RI wrap support on the water side of this um my

concern with that is that that's an extended or an expanded um into the into the resource area of being the pond takes away technically incrementally but it takes away some volume of the pond the ability to stall water um so I I just received this plan on Friday I haven't had a chance to review it in depth or speak to Alex about it that's why I recommended that we table it so that we can have a

discussion about those things um and determine if that is you know the best way to proceed I I it might not be I mean I guess it's six of one half a dozen of another regarding how much money is spending you know it's a lot of money in rock and placement and done it right and has to be installed correctly this isn't just six to8 inch Rip wrap dumped over the edge that that's going

to it has to be be more like a a groin type of a sloped embankment um to support this wall so I think if you give Alex and I the next couple of weeks to resolve that plus waiting for Deep's comments I didn't agree with some of the comments that they that they gave either but we we do need to address them okay so hopefully they they'll respond in

some form or fashion and we can D dig into the the regulations in any event whatever we do needs a new chapter 91 needs a new waterways license so whether that's for the new area outside that they're putting in or whether it's the Reconstruction of the wall as it currently sits this is a drastic improvement from what was on the original plan that you saw which just didn't even make sense I know it wasn't

Mr gardeski that proposed it um but it was more of creating a shell over the existing wall which would have raised the wall which I think is where the comment of Bank alteration from the came into because now you're making the wall bigger you're making the wall wider and higher so that would be considered Bank alteration I don't think this would be considered Bank alteration we're not

touching the bank which is the top of the wall but now we are touching the resource area which is the pond so um I wish I knew this subject matter better specifically to this uh but coming in on Friday only I I would ask for the time to review in let's D eyes and cross and te's before we before we get this done I'd also like to talk to Paul furland from uh Department of Community

utilities who oversees all the water bodies out there make sure he does never concerned about the placement of additional stones in the uh in the pond itself would you turn your PL so I can see it then did you say this was mandated uh by the state to the homeowner or did was this initiated by the home no no no this is initiated by them yeah by the home owner yeah d d

doesn't monitor licenses that are out there telling you that's you know you're expired it's up to the applicant to to maintain so they did take it upon themselves to to get this going in order to okay because the wall is living and at some point something needs to be done yeah and I I did see the original plan too that uh that there make if the wall is already leaning they were going to

put more rocks on top of the wall there were some confus okay I assume I assume the blame because I put something on the on the plan that I should not seems like you're on the right T you and Dan can just the applicant rather well we'll see what happens rather not rebuild the wall because ex expense AB before you rebuild the wall the option would be is to remove the wall and then put the rip

WRA in M you know but that's a tremendous what's the difference between leaving wall which is rocks just to take it out and put more rocks so if if we view the wall as rocks not a wall then it would make no sense to so with this the key is to support it support it from falling from falling over so and like Dan saying that's going to require you putting more Stone they want to put

Stone would like to put some Stone just to support it to secure it better just to better the the water is only about what fourt deep three or four feet up to five up to five up to five and so then and then maybe another 3 ft above the water line to the top of the wall yeah no let me see no actually measured fairly accurately from the to over the

wall to the there there are Boulders yeah the boulders already underneath so these would be piling Boulders on top of the boulders my guess is before the wall was built we had a similar situation to this but further in so and I think there was about 5 ft from the from four four to about 5 and A2 six ft from the borders for the city to the top of the wall that's the best measurements that

we make so if you support at one to one slope you probably go out maybe three to four maybe 5T probably three to fouret more likely get out to support because the bers will be the Rocks proposed to support will be 18 to very large I imagine with a design like this this is something that's going to be an on thing right CU you're not really fixing the problem because it's going to

lean and keep leaning it's more of a mitigation than anything yes you have to do something because eventually not now but at some point it will it will collapse so the own is being I I don't think the weight of the wall would be strong enough if you put the right size Boulders would not be strong enough to push the boulders into the water that that's what we have to look at with

regards to the size of the boulders the placement of the boulders the angle of the placement of the boulders they be moving a lot yeah there'll be movement over time because if it was 68 in RI W as soon as the wall goes over all the stone goes with it so we can't have that okay two 12 to two I S one to twoot Stones talk about that yeah all right

motion motion made to table second oh second okay what I I yes I I all righty thank you all righty notice uh next one is notice of intent sc- 24834 oh Alex the attorney requested a continuance of this let continue okay continue yeah I can continue I can explain what happened yeah no I I wouldn't let's do it all at once because she's not here so I think she wants to be here for the next one

okay sa about an hour and

me all right uh notice of tent is se- 24834 owner applicant is nor Lopes and Tiffany uh no we're table in that one table that one turnning request the table you can read it in if you want you're not going to open it okay um can I have motion to table some move second okay if anybody's here for item number seven that won't be discussed tonight having to do with 20 Hayfield okay uh

roll call vote I I I yes I I okay good next is uh notice of intent owner applicant uh Diane Smith project location for Captain Circle Assessor's map is y- 06- 0037 followed by Prine engineering Inc on behalf of the applicant the applicant is proposing to raise an existing two-bedroom single family dwelling construct a new two bedroom single family dwelling complete with driveway utility septic system and

Landscaping you didn't get a file number yet did you no no just know that we can stop open the petition discuss it but no action will be taken until we get a file thank you Bob Bary prand engineering with me is Jeff Smith and Diane Smith is in the back the watch as you said what we're proposing to do is to remove an existing two-bedroom dwelling we did attempt a per test on this site little Lou

we did we're proposing to remove an existing two-bedroom dwelling from the site we went out there to conduct a perk test we ended up taking a Civ analysis on it instead of a perk and we also asked for a waiver on water table separation since we're not increasing the flow to the site because of that we're filing this with a two-bedroom deed restriction so that only a two-bedroom dwelling can be placed on this

parcel where we're proposing to put the house is basically where the existing two-bedroom home is you can see it's shown light on there in reference there's a well on the property in the back so we place the septic system 100 ft away from the existing well and more than 100t away from the ab's wells the Wetland line is shown partially on on their property and then onto the abing property there's also a wetland line

that was flagged by the bot across the street on Captain Circle so those two Wetland areas are what we used to determine the no touch zones and the 100 foot and the 50ft Wetland buffer zones the house will be placed with the exception of the porch the house will be placed more than 50 ft away from both Wetland areas and the we're putting Drainage Systems in to provide for the increase in storm water runoff from the

house and those are shown in the back of the property and on the side other than that I did review Dan aia's comments we will revise the plan to incorporate his concerns on the revised plan as Dan said there is no file number yet so we're here just to discuss the project and to take comments really there was a comment about the two-bedroom de restriction we provided house plans to

Dan aiar and he said that it appears that there could be three qualifying bedrooms in the dwelling Jeff and Diane no that it's a two-bedroom or supposed to be a two-bedroom dwelling so we can discuss that if he needs to revise the plan of health issue where is's an office that technically you take the word office plan it meets the the criteria for a bedroom privacy square footage window so there's a few

things you can do a number of things to have it not qualify as a bedroom it's not a conservation it's Board of Health that's why I said I recommend that the Board of Health require and they would they would have to sign off on the building permit anyway um but beyond that just so that you know the work shown for the septic system here which is really the area closest to the resource area you've already approved

that um the Board of Health has already approved the construction of this two-bedroom septic system you've approved the installation of this already so what you see for new activity as far as you know the proposed gravel driveway and the house um is really what's was really what's before you the driveway self um and that's why I asked for one of these revisions to make the proposed location of the driveway

actually kind of runs currently with or right over an existing common driveway that Services I think four houses four or five houses probably so although you may see think it looks closer to the Wetland it's really straddling what's already there and then and then veers off so I think a couple of the minor modifications that we asked for with regards to some topography and the actual locations of Captain Circle and

that d driveway uh making sure that some of the runoff is directed towards the resource area not towards in the butter couple issues with some proposed rating but I think it's just because of the lack of Contours that were there so a little bit of eye dotting and T crossing wait for a file number and I I think we should be in good shape before the next meeting okay board have any questions for

them okay can I have a motion to T no any neighbors oh any any neighbors in opposition or in favor okay uh can I have a motion to table till the next meeting I just have a quick question I don't know if it's not um the the existing well is that is that on the same lot as the house or is that yeah there no the existing well is on the same lot which is here

in on the there's another okay all right that's that's well in the the existing wall for this property is in the bottom left hand corner closer to the captain Circle okay existing well mhm not the one that you see way over to the right that's we make them show all of them to make sure that the septic system's far enough away from everyone's that's I know it's okay yeah same

thing so a motion to table uh you're aware that the I think you're in part of the road this is try to help you I'm not um that I heard today that um one of the people who lives a little farther down um lives at any rate he has control of the road and he could he has no intention of blocking it but he could put a fence up

um well there may be a point past this where he has the signs up that say turn around now yeah you I'm just asking that I don't I'm not familiar with the area from from land but I just mentioned it so so it could be cleared out for you there just if you look at the captain Circle where it turns makes turn going down to the water that's the right away

for everybody to lose down there okay you see going on on the left hand side of the lot that's a private driveway my brother-in okay I'm not not that's not part of the road that's just his driveway so when we come down Captain cir you turn towards the water that's Captain Circle and that's part of why the the proposed driveway goes through the EAS area I'm not suggesting that we

discuss this at length I'm just letting was trying to let you know about information that came to me today that's all the Rend was attacked by a chicken a rooster no a rooster a rooster yeah you know what a peacock is it a peac peacock I think he knows the difference between Roost and peacocks I the peacocks are from Asia I've seen them but U those peacocks those peacocks

are from Asia I happen to know had to look it up once but this was a this was a gen if you stand where the where all the signs are the peacock will the rooster will find you I know is that the only peacock in fall river that

we all right so motion table second oh the table okay roll call I I I yes I I okay thank you I thank you that was the own by the way that was Don gold who has control he's an old friend and I just yeah he has no intention of blocking anything but okay moving on can I have a motion to place on file or receipt a correspondence review and discussion and termination of notice

activity and and use limitation for 109 house Street motion to accept and place on Fir second okay roll call I I I yes I I can I have a motion for approval of the minutes from January 8th second I call I I yes I I any citizen input Noone motion I I I did you say I yes of course I want to Jour yes it's been long

enough