The Fall River Conservation Commission convened on Monday, February 6, 2023, addressing several old and new business items, primarily focusing on requests for certificates of compliance and wetlands violations. The meeting began with a roll call and an initial discussion about public input procedures, which was later revisited with a decision to move general public input to the beginning of future meetings. Key discussions included ongoing compliance issues for CML2 LLC at 507 Alden Street and Highland Farms Development 2 LLC at 221 and 245 Fieldstone Lane, all of which were tabled to the March meeting due to incomplete work or lack of applicant response. For 221 Fieldstone Lane, the Commission voted to issue a new enforcement order to remove unpermitted structures like an outdoor kitchen and Jacuzzi after repeated non-compliance. The Commission also discussed a significant wetlands violation at Bell Rock Road, where the applicant's engineer cited COVID and survey issues for a missed filing deadline. The Commission decided to table this item, awaiting the formal Notice of Intent (NOI) filing, which would establish a governing document for restoration. New business included a request for determination of applicability for emergency repairs at the State Pier (1 Water Street) by Mass Development, where 11 broken timber fender piles needed replacement. Despite concerns about the lack of a detailed plan and potential need for an NOI, the Commission approved the emergency work, contingent on the conservation agent's approval of a submitted plan detailing the specific piles to be replaced. Additionally, the Commission approved a certificate of compliance for Madison FR Properties LLC on Airport Road, removing a lapsed order of conditions for a project that was re-permitted on a larger scale. The meeting concluded with the election of John Brandt as Chair, Louis Freire as Vice Chair and CPC Designee, approval of January 9th minutes, and a final discussion on public input procedures and the Open Space Recreation Plan.
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City Officials
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yeah welcome to the forward Conservation Commission meeting uh being held uh public hearing on Monday February 6 2023 5 30 in the first floor hearing room one government center Fall River Mass uh pursuant to the open meeting law any person may make an audio or video recording of this public meeting or may transmit the meeting through any medium attendees are therefore advisors such
0:24recordings or Transmissions are being made whether perceived or unperceived by those present and deemed acknowledged and permissible we'll start with roll call started hearing Chris Chris Boyle here here James Hornsby John Brandt it was foreign and we also have Dan Aggie our conservation agent Patty aguiar recording agent and Gary let's from Fall River TV uh first old business uh one request for certificate of
0:57compliance se-24-739 yeah
1:12oh dude yeah oh okay but you normally agree to them yeah that's fine we do that at the end public input should we move that to the front right but yeah letting people know that okay well there's any public input uh we have a paper you can sign up and also it's our customer people are here for a particular issue they can speak on that issue alrighty so back to
1:40uh the first one the owner applicant is cml2 LLC project locations 507 all those three assessors map is j-21-0001 and zero zero zero five um applicant is requesting a certificate of compliance stating it all work regulated by words the condition has been satisfactory completed this was tabled from January 9th meeting so commission members um if you remember this is the um the apartment going down on Alden Street
2:13they had a few items that were outstanding they are working towards compliance they did submit a revised as Bill that that handled some of the uh the green guard information that we requested they did fix the driveway area they're still working on the stabilization of that back of sidewalk area the weather that's been slowed down a little bit so they are they're limping towards
2:38for compliance so I would recommend that you just continue the table okay any questions can I have a motion to table till March seconded local vote hi hi hi yes okay next one is request or certificate of compliance se-24-764 owner applicant Highland Farms development 2 LLC project location 221 Fieldstone Lane accessories map is u-04-0058 applicant requested certificate of compliance saying it all
3:15work regulated by the order conditions has been satisfactory completed this was stable from January 9th meeting so again let's go through the history of this we originally sent out an enforcement letter in October no action was taken we sent out an enforcement order in November no action was taken at that point the owner did call me and I did discuss what needed to be done since then we've had no contact so you can
3:43either to we need to continue to wait for a new filing or you could issue a new enforcement order requiring that requiring that all the unpermitted activities be removed so the last you know you're you're being amenable to the applicant but telling them come in and file a permit for what you did and if you're being ignored then you have the two options one either continue to wait or send a new one out that's a little
4:11bit stronger let tell letting them know that you want all of the stuff removed I can't tell you which way to deal with that I'm just trying to give you what your options are at this point now do you think you're hesitating because of the weather no this is this work is all complete okay so yeah that's not the web so it has nothing to do with weather I think it just it's you just
4:33being even on and I think we've the commission's been patient this is all of the outdoor kitchen this is one of the outdoor kitchen the big patio a Jacuzzi out there um things like that so I think we've been really patient and I think that um the thing that worries me as as they finish the houses and they sell out sell them off and then new owners move into the house this is the new they're going
4:56to look what someone else has done and think they can do it so well you need to have yeah no I agree John and I think that once the project is completed and the street the city assumes the streets and things like that it's going to be there'll be more of this type of activity yeah so I think that um you know I think Commission in Dan have been more than patient with
5:18this individual and you know we're I think as a commission we're willing to work with anyone who comes in and says hey I did this you know what I mean I wasn't aware I think this commission is more than willing to work with those individuals but if someone just consistently ignores this and doesn't reach back out to us then I think we need to take some stronger action with that and I think we need to send
5:40an enforcement order asking him to remove everything from the property okay so any other board members have any thoughts yeah Dan the less enforcement order that we sent out in November did you hear from them after they got the letter or yes yeah like right after and I explained to him what they had built and that they needed to file a notice of intent for the construction of those
5:59items file that paperwork and that if they weren't in the weapons if it was just buffers on an activity potentially what they did could be permittable but I'm sure you see that on paper you don't know you don't know how far they've gone or you know a number of different items so without seeing that on paper you don't know so so since that time they've done nothing there's been no contact and that's been almost
6:26three months yeah I think we need to be a little stronger out there because other things going in I can just see the wild west out there you know so giving direct proximity to it yeah they're in BBW are these people made aware of what they have to do by Developers well you know like if you have a homeowner you may not know to developers tell them they have to get approval for all these things
6:55Waters of conditions and that they're buying next to a wetland they see plans they see exhibits but you don't know what they understand or truly what's being told to them yeah the thing too is that you know for a lot of these things that to my knowledge there was no building permits pulled for any of these things no but for that type of work maybe it's questionable whether or not you need a building permit for it
7:21yeah there potentially could be electrical permits or Plumbing permits if there's electricity run to things and and plumbing runs and stuff which could be could be the fact out there but well it's definitely true all right so would somebody like to make a motion to uh send out a new enforcement order to remove the items make that motion seconded uh roll call vote hi hi hi yes okay
7:53next up is a request for certificate of compliance se-24-765 owner applicant Highland Farms development 2 LLC project location 245 Fieldstone Lane assessors map is O u-04-0059 uh afternoon requesting a certificate of compliance statement all work regulated by orders and conditions has been satisfactory completed this was taped from January 9th so this is a situation where we have no
8:22no violations this is just a matter that they haven't finished the final loaning and seating and as I explained you at the last meeting the way that the orders and conditions were written and the site clearing reviews was that they had to at least submit for a certificate of compliance in order to get an occupancy permit they didn't have to receive a certificate of compliance so it's really you know
8:44kind of being cute just to get them to file it but they have three years to complete the work from the day of the issue and so then they don't have an issue where the permit has expired or that they really even need it other than meeting the requirement of filing for one so I would recommend that you just and I went out there again this morning just to make sure that they had them well and
9:05seated we can get rid of this one but no they haven't done that work yet foreign all right can I have a motion in the table motion table second uh hi hi hi hi yes okay uh next discussion of Bell Rock Road Wetlands violation this was tabled from January 9th uh you should have found or been forwarded an email from the Consulting engineer Steve giosa that due to some covet issues and some
9:44survey related issues their expected filing date deadline was missed they were apparently getting the rest of the paperwork put in together today she 'll filed by the end of the week this is you know the big violation of some restoration area to be taking place out there they are moving towards doing some work out there and restoring it as we had discussed but the actual notice of intent work has not been submitted
10:09here yet as we talked about in the past this is a situation where we we really want them to restore they are restoring not to our liking as far as time schedule goes but I think it's important that we we give them some flexibility to get something in for a filing and just not walk away from this project so it's up to you with how you would like to deal with it hopefully
10:36hopefully we get something filed this week and then it could be on the March meeting at that point if they haven't filed and they're not on the March meeting then then you may want to entertain you know something else where that else is I really couldn't give you a recommendation this time could we shoot them out of an email or a letter uh asking for soil samples what they're helping well we've required that that
10:59was part of the restoration north of intent so I'm anticipating that that information will come along with that and like the silk fencing needs to be replaced and right the gate is that stuff should be clearly have not complied with what you've asked them to do but I think it's important to play nice to a degree to get in notes of intent in in order of conditions issued that is now a governing document
11:28recorded at the registry of deeds of how the site needs to be restored and so that that gives you that gives you a little bit of something to hold on to whether it's them or the next order or whatever happens with this piece of land it's going to be controlled by the document and the permit that you put in place for it now are they planning on doing any more uh dumping soil
11:51material to come in yes is there any way we can have someone look at it before they don't well that was that was one of the requests that we had in the noticeable tent was to have an environmental Monitor and some soil testing done and you know to keep track of what's coming in there right and remember to do some testing on what was put in the hole already too so those
12:13are things so I well you're saying informally right now will be formalized in the issue in certain order of conditions so we need to have the noi in place in order for that to happen is what you're saying that's that that's the mechanism for you to put on whatever conditions of approval you want to put on there there's virus testing or anything else and if if they they haven't provided or
12:36if they've brought Phil in yes you can make it part of the order which was in the language we had discussed to go in there and take samples out of what they brought in there and test it out um any other questions from the board have a motion to table to the next meeting motion tape discussion discussion okay I thought we were going to ask for a heavier enforcement
13:13I thought we would have to send something else to ask them to comply right so Dave agreed to comply and part of the compliance was filing a plan that showed what they were doing and how they were going to do it and they haven't done it they have not done that yet so if you have no other option for enforcement activity other than taking them to court well soon we're waiting for them to so
13:42there was a letter from the engineer saying there have been some issues filing on record okay that's that's okay that we know exactly where they stand and from that point in time we can move forward basically I just wanted to be sure that we weren't tabling something again with no action and yeah we've got some stuff I was told Friday that we would have it this week we were also told two months ago that we
14:08would have it in time for February February which did not take place right it does but there's no one more frustrated about okay than me because I've been out there now four or five times so I've been out there with that number I wouldn't go by there so but I think that we need to we need to proceed in a very deliberative Manner and see what they provide for us with
14:30respect to you okay all right and then pull them accountable for what's in the noi at that point and at the very least we can get something like Dan was saying into the registry of deeds yeah and public record document which I think is important which will run with the piece of land I mean like you said it's either that you take them to court at least if you do that now
14:48it's held you know that piece of that property has that on record it's going to make it tougher for okay
15:06um five we had uh tabled up uh discussion on bylaws table from January 9th uh Chris actually did a nice job and went through and printed everything out for us uh I don't want to go over this tonight because there's a lot of information we need to read but what my thoughts on it was our next meeting in March if we stay an extra 45 minutes and go through some and start marking it and then you
15:35can slowly you know make our own bylaws with me right here so uh so we could take it home look at it the things you're not going to see in there is fee structures so look at that um so any other questions on bylaws what I try to do is just look at call out from the MACC recommended bylaws and and basically what we're already doing the way we already operate the way we
16:04already practice and just take that language apply it to how we proceed at this point in time and we talked about filing deadlines and fee structures and things like that so you'll see where I feel that those where you see that that's best way to insert the fee structure or the filing deadlines in some instances because I know you everybody just got it today so it's going to take some time today yes
16:28and that was on me I didn't get it out till today's um but it's a good place to start thank you for your work thank you for your work well a lot of it is just boilerplate language from MACC and Caitlyn and I had started on this and I went in and did a lot of edits and a lot of deletion to bring it from I don't know how many pages down to eight pages um
16:51and looked at some of the things that had been discussed where that would fit in and things that are doable and achievable thank you Chris thank you thank you so we'll put that on the next agenda um no I guess we don't uh well yeah hi hi yes okay next is noise-24-811 owner applicant is Tyler langes uh Slash King Phillips loss LLC project location 386 Kilburn Street accessories map is
17:41b-17-001 followed by scitec engineering environmental consultant Inc on behalf of Tyler on geas and King Phillips Loft LLC applicant proposed restoration of Mill building into Apartments associated site work including parking grading drainage utilities and Landscaping related site improvements portions of this site work are located within 100 foot watering vegetated wetlands area this was tabled from January 9 2023.
18:13so if you remember the engineer for the project came and gave us a presentation initially we had previously given him a lengthy list of com spoke from my office as well as Paul ferlands who came in probably two weeks ago and Paul and I sat down and went through all the all of the list all the items that we wanted addressed and concerned and they were fantastic with it also they're currently making those revisions
18:39and we should have a revised package back I think we will have a I've done just about everything that we've asked for in some some form or another YouTube so it was a good meeting we would have any discussion nope uh motion table to March motion table seconded local vote hi hi hi yep okay Nexus and red se-24-812 owner replica Matthew Doyle on East Branch doc LLC uh Road census map
19:20z-03-0070 and 0099 filed on behalf of NEC on behalf of Matthew Doyle on East Branch stock LLC review and approve the submit wetland delineation do we need the ad from you also for an in red do we need the address to the last minute because we actually heard this the last meeting okay thank you state your name and Jeff Tallman about these engineers and Consultants uh good evening for the record I'm here
19:59um representing the applicant on this hand red the property which consists of two lots lot 70 and lot 99 on assistive type of zero three um I believe the only resources that we're dealing with on the property is the bordering vegetative wetland that you see flagged on the planet that was submitted with the application I know this was submitted back in December and I believe there were some changes that were
20:27requested and made to the plan specifically in the area of flags a60 for the a-76 and I'm not mistaken I think the original line went closer to the 164 Contour now it's been bumped out with those flags to get up into the lane 66. other than that I think the the plan is same as what we originally filed I know we submitted a Wetlands report along with the application um
20:53other than that I'd be happy to answer any questions that the commission might have so commission members you may recall that prior to the last meeting I had offered to you all that I had taken a site walk with you well in scientists we won't simply what Mr Thomas just discussed that was missed that area was flagged assisting detention Pond was added to the plan which was not there previously
21:21so after looking at the revised plan and looking at those new flags with the consultant I would offer that the bordering vegetated Wetland is presented correctly before you today just be clear that you are only approving the bordering vegetative Wetland as shown that's all that they had applied for there is a a ditch slash Brook Swale which they are not asking for a determination of its
21:51status whether perennial or intermin I believe on previous filings it has been deemed to be considered intermittent but you're not dealing with this at that time so just important vegetative yeah I mean like all this yeah all connects and then heads out there who would have any questions is this uh eight you said Flags a60 through a76 or 77 so those are the only flags that have changed so the best thing okay yeah all
22:20right that was yeah okay so can I have a motion to like that I have a couple questions of uh do a part to the weather in part to my health health of the cold I didn't I had trouble finding it it's a big piece of land and I'm not sure that I found it it's on the west side of rickenback Road just north of the robins manufacturing yeah it's really it's only the it's the
22:51only wooded parcel on that along that side of the road I think you may not realize how big this swath is but it is the entire wooded area that you would see that's running along that portion of the road that's what I thought yeah and behind it would be the landfill okay are there any historic paths going through your property I don't believe so no nothing that I mean when I walked I mean I walked this
23:19whole site and it's it's big um we didn't see anything that was substantial enough to be considered you know a path there a path and you can see where some deer might run through or no no I was particularly concerned with Native American paths nothing that nothing that I see Jim I don't you might be referring to Maori path I'm not sure that it that it would have passed through this area
23:41I'm not sure it is either that's why I believe Maori path would have been on the east side flowery path was on the other side I thought that might be a connection of some sort or I'm see I was not able really to to walk it into and to evaluate it and I was going to call you but I didn't just didn't feel like it so this is again all you're doing now
24:01is looking at the BBW this thing could be traversed by a million paths you're not making any determination with regards to that this is strictly the wetlands line and this parcel has been flagged okay probably three or four times in the last 10 to 15 years um so this this line is pretty like I said that's part of the reason why I knew that that little bubble was there was by looking at some past violence
24:25okay fine thank you that answers my question thank you okay so can I have a motion to approve presented uh Wetlands line and ordering vegetation wetland motion to approve second bye all right bye all right yes thank you uh let's see uh new business uh noisy-24-813 owner applicant is Stephanie Medeiros slash r d Realty Trust project oh wait yeah if I did uh discussion uh sc-24-738 101 Hayfield Lane this was
25:13tabled from January 9 2023 so this is a situation where again this is in the first phase of Highland Farms where a gentleman had gone in and put a substantial size patio in the back of his house really pushing the limit to where the Wetland was he sent him a letter in December I spoke with him multiple times we had there's a little bit of a language barrier issue and he was dealing with his Mason
25:43who was responsible for getting any and all permits so they were figuring out amongst themselves who was responsible for what I did speak to both of them multiple times so it was clear what they needed to do have not received anything so you can either no no more work we gave him a cease and desist he hasn't done anything else if the work is not complete so you can either allow that to continue so who
26:07knows when or issue you know an actual enforcement order hoping to gain you know some more attention uh questions from the board discussion oh I make a motion to file a enforcement enforcement letter a second I
26:39thank you let's see next new business noi Dash sc-24-813 owner applicants Stephanie bederis uh Slash r d Roti trust project location is 185 Napoleon Street Tesla's map is d-16-0046 filed by r d Realty Trust on behalf applicant applicant uh purpose to construct a single-family house and 100 foot buffer zone to bordering legislative Wetlands associated with Pernell stream which has a 25 foot
27:15Riverfront area no work is proposed within the riverfront area so this is a proposed new construction of the home off of Napoleon industry behind it is a drainage system that runs along the on-ramp to Route 79 24ish and there is some Wetland area you know in that area and actually I think a portion of the quickest hand River actually technically extends up through that area so the applicant did not
27:43advertise didn't notify our Butters but didn't put an ad in the paper so you can't open the hearing can't have a discussion on it all right is that is that bordering on sucker Brook or just no no no no no nowhere near soccer Brook so this would be like the extension of Mariana Bishop Boulevard across the street from Northeast Alternatives okay that side of Mariana Bishop so it's really the drainage
28:05system that runs along that that Rambles are there okay it's the river I think it's I think it's theoretically the head of the of the quickest hand but we really shouldn't be discussing it until we open it here okay so can I have a motion to table to Mark well I need to know the table table second hi hi hi Tim do they maybe not all right yes okay all right next is request for
28:36determination of accessibility uh 151 owner applicant is Patrick Skelly yes Mass development director of marine facilities project location one Water Street assessors map is n-13-0020 and n-15-0004 African purposes replace 11 non-structural uh broken work uh Timber Fender piles on the west side of the state Pier these clouds protect the war structure from ship strike damage so I just stick your name and
29:13Patrick scally of mass development director of marine facilities and operations we oversee the Fall River State Pier CE State Property I personally oversee that plus the State Properties State peers in New Bedford and Gloucester I work out of Boston so commission members um I've worked with Mr scally over the last couple of months to help them get this you know to be for you in some form or fashion
29:44it appears as though the proposed work does fall within the existing licensure of what's out there the only concern that I have is that we don't have a plan that shows all the timber piles in question which there are many of them and which of the 11 are being replaced um so other than not having that plan for you to look at I don't want to get into a situation where we find out
30:14we're not in a location so I see a license I see a general area of where we're replacing it so when I say it appears as though the license covers it all without seeing a plan that says these are the 11 that we are replacing this is with those 11 were on the on the previously approved plan so although it may only seem to be like housekeeping um it's exactly that housekeeping for
30:39future potential filings and so we can start keeping track of what's down there okay and I understand what we're trying to make this as simple as possible for this to come through but I do think we need some type of a plan that that shows that this is only in that 180 foot birth area that yeah if you look at this I don't know how many yeah so that's it I don't
31:02know how many are across that area yeah she's some kind of a plan that goes through and says we have whatever 30 of them in this location we're doing this one skip three we're doing this one that one next one and you know something for that that effect so at least we can monitor the work and you know keep track of what's going on and this is just repair there's no extension or no extension suggestion
31:28just those piles yeah now what are you replacing it with the same product that's there the same same product uh these are Timber piles Southern yellow pine or green heart the piles the two types of wood the the that's available and there and they are one for one Replacements yeah that's all in the narrative and the narrative is fine yeah it's just an exhibit plan to you know to
31:51go with and we'd be happy to supply that I did make a note that there are 40 piles in a row there would be great so that we're replacing we're replacing the Southwest uh 11 of them but they're not contiguous it's 11 out of 15. and I'd be happy to to you know even though exactly which ones especially I mean there was a question and I still think there's a question of whether or not a
32:14notice of intent filing would have been required and my only concern with regards to not doing that is that we could potentially be not dealing with the situation in a manner that maybe the omnicore might have some interest in what's being done so there are theoretically other permits that could be needed to do this work wouldn't Marine Fishery if you're not filing a notice of intent
32:38those people don't get notified so that's exactly what I was asking when I when I initially said I thought a notice of intent was more appropriate for that reason so that you know the appropriate parties get notified I I agree a new chapter 91 license is not required but you know I noticed if it could have been filed or just for that reason I'm just afraid that we might be missing out notifies how much would it
33:04delay the project to file an nli and would be months in the process of retain an engineer to redo the the PE stamp drawings that the as builts that were that were put in there we are as as um as I mentioned in in the report we are up against a a failure of this section of the fender system which would really put us out of business there as far as continued shipping it's it's survived
33:35many many months more than we expected it to these piles support what we call a whale it's described it's an upper Timber 12 by 12 Timber and and uh the whale is sagged inches now and and two thirty-foot spots um they're unsupported if that whale fractures and Falls we have debris in the water we have the we have to close that Pier until it's done you could require it after the fact file
34:01yeah I mean I just do this on an emergency basis but require that you know if that's a good solution I mean I I would like to see an noi on file for it but we can we can proceed on an emergency basis and then do a subsequent filing of an noi just so I would stand fully the scope of the work and exactly what's going to be done and I would
34:21appreciate that uh I mean if if that's how you want to proceed I I do we uh ourselves Mass development and DCR I took this to DCR after uh um uh uh the city Engineers uh comment and that DCR much as my experience we this is the process we do on these limited uh Fender pile repairs we certainly go through a notice of intent on larger projects or things that uh not one for one
34:49Replacements and so DCR uh uh directed us to follow this procedure Department of Conservation Recreation yes sir okay I'm sorry they they are the owners of the property for the state we are under contract as a state agency to manage and operate the facility so my only concern is this work probably should have been started much earlier than it shouldn't have gotten to this point where
35:15do you know what I mean those plantings should have been expected inspected routinely and and maybe this should have been anticipated I you know I just don't want to squeeze this in and and and they are the majority of the damage was from a ship strike some months ago okay and and that's the nature of these it's this these are consumable items I deal with it all the time on all of the
35:36products when a ship comes in we just we just did uh 14 of them in New Bedford because a ship came in and took them out so was it noi required at that time no sorry no no when you do the repair uh the equipment just a few months ago be disturbing the uh seafloor the uh the pot the existing pile of what remains of it is vibrated
35:58out and the new pile goes in the hole if possible if the pile fractures uh below the mud line uh it would be immediately adjacent to it but I would expect looking at the condition of these um would be able to extract each of the 11 piles in uh in total and replace them in the hole because they're they're Guided by the chalks and the whales so there's very limited uh lateral movement to place them so
36:26see the riverfront DDC wouldn't have much disturbance then I I I I I would I can only describe the process I I will not presume to tell you what's Disturbed or not but we pull a 60-foot telephone pole out of the mud 20 feet of it is in the mud and we place one in the hole because it's guided down by the Chuck right and you're saying at this point it's
36:54more of an emergency it's more of an emergency thing though this really is an emergency we we have Ships coming in every other week and we had hoped that we would have been in front of you earlier but we got some direction thank you for that um and I'm really concerned if if this whale breaks will be months because the timber these 12x12 Timbers are not available at Home Depot and and the
37:18order time for for some piles although we do have a stock of piles but I'm concerned that getting a contract for a larger project if we do end up replacing a section of the whale it would certainly go to a I would guess it would go to a larger permit and uh and it's it it changes from a hundred thousand dollar project to maybe a half a million dollar project it's a big deal but
37:39mostly it would put us out of business right in the cargo business that's what I wanted I think you anticipate the work being we have three bids prevailing wage going uh available right now and and as soon as the permit is granted if if this went through I wouldn't be surprised if we're driving files next week yeah I I mean I'm comfortable with your requests um I Know Dan wants to see the
38:00uh the plans of exactly which piles you're going to replace and if that's something that you can I guess I could Supply that tomorrow okay yeah I agree yeah because I mean right yeah so would that be feasible Dan if he gave you the uh scope of the work I think we okay now upon yeah the scope of the work is fine but just a plan of record of what you love individuals if if I'm a
38:25planned view showing the existing piles and we put a little red circle around them and yeah and then do we want it so allow them to proceed on an emergency basis but then do we want them to file an noi I I personally feel like he said that he's done some work in New Bedford very similar to this and you didn't have to file it I think their existing filings
38:48as long as Dan is comfortable uh with the placement and he knows which ones and you know individually which ones they are it is an emergency thing I think for me I'm satisfied but I mean no way we don't want to stop Congress that's right exactly I agree with you no pellets all right yeah that's good so all right so we make a motion to table this is just to prove with the condition of
39:12yeah until we get there who make a motion to uh start to work uh upon uh Mr aguiar's approval of uh plan submitted motion still made second Rocco vote hi hi all right all right yes okay very good thank you thank you so much I appreciate it have a good night thank you thank you thanks make my way back up to Gloucester what was it up there the other day yeah
39:41I I saw uh 10 below which is incredibly unusual on the coast as you know yeah right in the same in Boston yeah yeah thank you nice area it was a quick box right have a safe drive thank you so much all right next on the yeah item number three three already request the certificate of compliance se-24-747 owner applicant is Madison FR Properties LLC Fletcher Tilton PC project location Airport Road census map is APO
40:27z-3-0024 applicant requesting a certificate of compliance order condition has lapsed and is therefore no longer valid and work regulated by it was never started so if you may recall as you come into Airport Road swim X is on your left it was a parcel of land that we had permitted for a space metal building on a single Apostle of land water conditions went through safe plan review the owner then purchased the next
40:53adjacent lot and re-permitted the entire project so the original order was invalid because he was now building a much larger building than encompassed both Lots so this is just to remove that original order of conditions from the land title that's all so assistant plan that was being fought over what's that was this the land that was being fought over someone else that wanted no no no no no
41:19no no no that's not all right that's something different this is the old part of the park all right which which they've got a building up there now they've they've done a pretty impressive job of what they've been doing out there so again this is just strictly a title issue with uh recording of the registry of deeds okay so uh motion for certificate compliance motions okay passes alrighty that's it for the
41:50business there next is uh 2023 election of officials again we have motion for uh chair they they moved Mr Brent second any Hitler okay roll call vote hi hi hi yes okay next is uh election of uh Vice chair uh I nominate uh Louis uh Freire second all right all right all right all right thank you yes okay next uh we have a discussion on a vote on the Conservation Commission to signee
42:35to uh CPC president leheim uh the member that sits on the CPC uh can we have a motion uh motion are you currently serve on that yeah yeah you would continue to serve if if elected yeah fine so move thank you second we'll go vote aye aye aye aye aye yes okay uh approval of minutes from January 9th 2023.
43:05second okay roll call vote hi uh hi all right all right yes okay uh no public input can we um with dense request um is this something because I brought this up as well just public input we're going to move this to the we're going to go to the front because I think that makes more sense then at the end we can what we can will will revise what you read in at the
43:34beginning of the meeting just to make sure that we're dotting every eye and Crossing every t as far as open meeting more stuff yeah yeah we haven't had any complaints or issues to date on uh CPC we have uh consistent input at the top uh approval uh minutes at the top okay well just just to put that our process we've adopted a process for public input yeah and that at the end of the meeting
44:00we will listen to you and that is it's just to let people know at the beginning of the meeting but or something we may have skated so we'll revise your little uh already because I'm Mr chairman yeah um for me public input is different or maybe different from comments on a particular issue yes for example if somebody wished to speak about uh of all business of four okay um and that that may it makes sense to
44:35allow these people to speak at that time when we're discussing the public input might be of a it might be an issue that we've discussed in the past or we should discuss in the future or it might be something or someone might want to come up and talk about a particular issue that we we don't know about correct yeah public input is not in response to a specific right item that's here for a public hearing right
45:08yeah just general Conservation Commission comment yeah it makes sense to me and I did include uh open space Recreation plan has some good information in there on like soils that are around ponds and in the forest and stuff and some other stuff that's pretty good for conservation there's a like a task thing at the end that recommends what conservation should be working towards helping I know I talked
45:38with Al Oliveira about the abrasive plant maintenance they don't know if they have one so he's going to start working on that so just things in there that you know we can kind of like push along yeah I know there is some invasive plant work being done but I don't think there's a specific plan right and I think it's done as it's found yeah and that's typically done by the water department on the Water
46:00Department properties out in the you know fall over reservation yeah I don't think this is specific yeah so just things like that are in there uh take a look at it it's also if you like looking on a website it's on the CPC uh webpage on the uh City side so if you don't like looking through paper it's on the website so I have uh can I have a motion to adjourn
46:26second row vote hi hi hi hi yes good job