4.3.2023 Conservation Commission

didn't put that in hello Gary all right thanks uh welcome to the concert Beach Conservation Commission meeting uh held at one government center Fall River uh Monday April 3rd 2023 at 5 30 can be viewed through Facebook uh FRG TV and uh and we'll start with uh roll call let me do the minutes for IV news pursuant to the open meeting laws any person may make an audio or video recording of this public meeting I may

transmit the meeting through any medium attendees are therefore advised if such recordings or Transmissions are being made whether perceived or unperceived by those present or deemed acknowledged and permissible we'll start with roll call here Chris Boyle present Jim Cusick John Brandt Lewis Forever Paul Admiral James Hornsby and we have Dan aguiar from the conservation agent and Nina is

the administrative assistant and from FRG TV we have Gary let's um uh can I have a motion to approve uh the minutes from last meeting so moved well the last meeting would have been or we did not know there were no minutes so we don't have uh February all righty do you want to approve the minutes of the February okay we couldn't approve them at the March meeting because we didn't have one okay that was February

February six six can I have motion to prove the minutes from February 6 meeting so move second okay we'll call vote hi hi hi yes all right next pass all right uh first under old business is a request for certificate of compliance se-24-739 owner applicant is cml2 LLC uh project location is 507 Oldham Street this was map is J dash 21-0001 and zero zero five applicant requesting a certificate of compliance

statement all work regulated by orders and conditions and satisfactory event this has been tabled from February 6th do we have any new information on this one no there's nothing been added since we're still waiting for the applicant if you remember to construct that little retaining wall behind the sidewalk and finish up that earthwork zone weather's gotten better so I would anticipate that I would be done soon

can I have a motion to table matter so moved second okay all right all right yes yes okay next is a request for certificate compliance se.24-765 owner applicants Highland Farms development 2 LLC project locations 245 Hillstone Lane accessories map is u-04-0059 uh applicant requesting a certificate of compliance statement all work regularly by order conditions has been satisfactory completed this was tabled from

so if you all if you all remember this was in outstanding order conditions because some loaming and seating hadn't been completed the applicant you'll see later on this evening under item seven under new business uh has put in the proposal to install an in-ground pool and that's part of the reason why the final Roman seating wasn't done yet because the homeowner was planning on putting in this pool so I would assume

that the remaining work under this item 24-765 would not be completed until after the pool was permitted and constructed so I mean making a recommendation that you table the matter oh okay can I have a motion table so moved second uh roll call vote hi hi hi yes hi okay uh can I have a motion to uh move the bylaw discussion to the end of the meeting so moved second

uh local vote aye aye aye all right yes all right okay next a notice of intent is sc-24-811 owner app Business Tyle langusi and uh King Philip Loft LLC project locations 386 Kilbourne Street uh since it was mapped as b-17-001 followed by scitec engineering and consultant Inc on behalf of Tyler Angus of King Phillips Aloft LLC the African Forest proposes are restoration of Mill building into

apartments with Associated site work including parking grading drainage facilities and Landscaping related site Improvement portion of the site are located within 100 foot bordering vegetative Wetland area this is stable from February 6th good evening Alex with scitec engineering representing Tyler Langlois for this project and we did make our initial presentation at the January meeting and at that time we

received a number of comments from engineering and Community utilities we did prepare a response for those and from what I understand I'd have to defer to Dan but I believe that those have been substantially addressed yes so what one of the one of the items here that was signif or a few items that were significant based on the additional information that we had we redesigned the

storm water controls for the project so that now there is no increase in runoff either either toward cook Pond or toward Kilburn Street we are not asking for even though this is a project that we could ask for Relief under the storm water regulations we comply with all the storm water management regulations now TSS removal we've reduced the amount of impervious area from existing from 82 percent to 78

percent and one of the items that the board had requested in January was that we look at providing a gravel path along the rear of the property from one side to the other even though this is for the residents only it's not open to the public that gravel path has been added as well from one side of the property to the other with that I would just like to conclude my presentation and open it up

for questions John if I could first I would offer that the applicant has addressed all of the concerns that we had through site plan review and and as the Conservation Commission with the exception of one I think we still have one outstanding comment that was in regards to requesting an analysis or narrative with regards to the reduction of nitrogen and phosphorus into cooked pond so that

should be made a condition that that analysis be submitted to the satisfaction of the Department of Community utilities not saying if it's yes no indifferent but just it was their comment so something should be submitted to their satisfaction any other questions from the board yeah just one so just to backtrack with respect to the runoff so initially um you were sending some of the runoff

towards cook Pond and or Mo that was it was going to be split pretty much prior to the prop you assuming the property between Kilburn and cook Pond and so what percentage would of the runoff would be going to cook Pond if in case I missed it I apologize well uh initially one of the comments that we had from Community utilities was some ponding that occurred in Kilburn street so we rerouted on the

proposed we wrote it rerouted it all to go to cook Pond which increased the runoff to cook Pond and decreased the runoff to Kilburn Street however one of the uh based on our the comments that we heard that was not acceptable we couldn't increase the runoff to cook Pond so we essentially put it back the way it was we have the front third of the site that was going toward Kilburn Street still goes toward Kilburn Street

we added infiltration to address any increase and we also the rear portion of the site approximately two-thirds continues to go toward cook Pond and that's also has a slight reduction over existing conditions we've also met the TSS removal requirements where it's a minimum of 80 percent total suspended solids removal whereas right now it's just sheet flow off into the into this so it's it's all

been improved both to Kilburn Street and also to kapon so I think the question I had at the time back in January was so the the parking areas are on the mill the majority of that runoff would go towards cook Pond the rear goes towards cook Pond talking spaces are out there approximately it doesn't have to be exactly 131 between the front and the rear okay sure so what's important to understand is that

under a project like this where it is considered a Redevelopment project the applicant can make the argument that they do not need to comply with stonewater Elementary governance this project as presented in design exceeds those requirements after listening to the your comments and through the city's comments for the Department of Community utilities and myself so the applicant has been very

willing to work with with the requirements in excess of what was required initially the initial design again took all of the storm water and directed it to cook Pond and that was in the first attempt to satisfy Community utilities concerns with putting water into Kilburn street that was clearly not you know your way of dealing with drainage and you were correct to make that that assessment so when we sat back

down with the Department of community community utilities and explain this to them and the applicant was able to provide drainage calculations in support of it they have reduced the runoff to to both design points both coupon and Kilburn Street and have Incorporated every BMP required even under new construction any other further Jim yeah I I'd hope we wouldn't have any runoff in a coupon well if I park my car I

now have a four-year-old car and I hope to be still driving in five or six years and my car may have an oil leak okay I go to visit somebody or I rent my oil drips it goes in a quick pond not necessarily well if I park in the right place and do no one of the one of the items that two of the items we have here is that we have

storm water treatment units along the rear of the property and all of the runoff is routed through the storm water treatment units and they do have a capacity of oil removal also the catch basins our storm water treatment units so they're they provide more removal than your typical four foot deep deep sum catch Basin with a hood so there is oil removal a degree of oil removal for this as well as the

siltation removal of that facilitation but I have a second question second second set of stuff it's your gravel path and back um this is going to be along the the shore that's going to be along the rear of the parking area because it some areas here it drops off pretty quickly and what we did not want to do was start removing all of the vegetation along the shore okay and at some point this at one point

in the master plan was the hope was there would be a path all the way around the pond or around a major part of it and some has been started and some has not been started um with this gravel path tie in eventually if I can answer that so all we can do now and require this applicant to do through this filing is to construct a path it would be up to the city not the

Conservation Commission to negotiate with the owner with regards to access rights to that if it could be added to additional paths on on either side of it that's probably this is about this is about as far as the Conservation Commission has the authority to get well I'm not actually was not a hidden gut to the point of requiring anything okay I'm I'm trying to find out information that

was what Mr ragio said correct as far as you know yes it is okay um and the path what I'm really asking is if we did the path would it be that path that we would that might after the negotiation that Mr aguiar has explained would that work um it isn't a location that we could tie into uh from either side if that's if that's what you're asking no because there's is some some controversy over

this and I I don't want to get into that okay thank you um I do have one more question um the previous owner said repeatedly that there was Public Access on a strip of land adjacent to that property did you know anything about that is that true the first I've heard actually I think I mentioned it but I wasn't as clear in the meeting ago do you know anything Mr Right Here I do

so what I do know is that there is an area along dwelly Street that the previous owner conveyed a strip of land that provides us access to the parking area along cook Pond at dwelly Street so there is a there's a substantial area there of paved what wasn't old or paved parking area probably 200 feet deep or so off of dwelling Street it allows us to get off of dwelly and provide us

access as a starting point so is this adjacent to this it was it's it's adjacent to the houses that are being built on dwelling Street and off of the subdivision now to get from that location to this location would require traversing Mr kofori's land which is permitted for a residential subdivision that's that's the Gap in accessibility that we do not have so when the city sold it to Mr kofori

they did not require or Reserve that right to get from that point A to point B which would be at this property yeah I'm well aware of that um and I hope that this was in my judgment a very poor decision on the city's part and I'm trying to rectify it that's basically what I'm doing what that's not part of our journey well it's you know I've gotten more information tonight about this

than I have in in a year probably two years and part of the problem is that there were a number of misstatements made in a number of places particularly for example the South End Neighborhood Association had different information so I'm just saying where I'm coming from and I think I'm concluding thank you any other questions so I'm gonna make a motion issue an ordinance of uh conditions with the

specific conditions as a prior to the start of work the application will provide satisfactory documentation as to the uh how to proposed bmps will be reduced in nitrogen and prostates into cooked Pond I think motion has stated with all standard conditions as well included second thank you I wait a minute any questions from the audience any questions from the audience all right hi hi hi yes no okay

thank you so the plants um no not until we get that fire with results I had printed the ones that will email which one to resolve about the net well at least the narrative I want to make sure we don't change anything okay

yes we'll take an extra step I know you're just gonna throw them away so I know the whole thing yeah

all right next is a notice of intent sc-24-813 owner applicant is uh Stephanie Medeiros and r d Realty Trust project location 185 Napoleon Street accessories Realty Trust on behalf applicant applicant proposal to construct a single home single-family home house 100 foot buffer zone to bordering vegetative Wetlands associated with very old stream which has 25 foot Riverfront area no

work is proposed within the riverfront area this is stable from February 6th meeting thank you sir yes sir quick thanks so yeah so this that on the table due to a lack of form at the last meeting we had sent out some preliminary comments to the applicant and to their engineer they haven't revised the plans to accommodate all of our concerns and questions construction of a single-family house

they've met and shown the requirement of the 25 foot Disturbed Zone make showing erosion in control integrating and the proposed activities it was my recommendation that uh is issued by all means ask any questions or add any comments that you may like really would have any questions all right can I have a motion to reach Neighbors in opposition or any neighbors nope okay so can I have a motion to

order a issue an order of conditions with standard orders and conditions oceans approved noi would stand it out of conditions second uh we'll call up hi hi hi yes yes okay EBT environment Consultants pleasure being in front of you thank you sir thank you foreign next is a notice of intent se-24-814 owner applicants Berkeley Street limited LLC Rock Road Assessor's map is w-19-002 followed by

civil and environmental consultant Inc on behalf of applicant the applicant proposal site stabilization plan consisting of regarding the previous Superior proportion of the site adding Loom and topsoil as needed and hydroseed actually I don't need it

can you guys just State uh your name and Carla schoolte was civil and environmental Consultants representing the applicant good evening Kenny Johnson for the applicant Berkeley Street limited do you previously have the plans I have a plan no we only got one if you send a presentation plan we have it to put up so you might want to use that okay I mean we have everybody has their own copies of it okay

look at this one

foreign

all right thank you so good evening this is uh we're here on a notice content we've read the um uh the purpose of it this is a project yes of course happy too thank you um this is a continued hearing on our project on Belt Rock Road notice of intent this is a site that had been under uh some excavation for some period of time was originally permitted uh as potentially three house slots I

know this commission had had some concerns about that I'm happy to report that it has been our decision that we're likely to we are going to donate this we're not we're not going to end up filling the houses there um so what we're looking to do now is to just finish the site to stabilize it um get it back to the appropriate grade for drainage and Lowman seeded to stabilize it

and uh has the commission knows we've also been uh in contact with natural heritage they came out we had a visit there they had some concerns because now it's within the area for the Eastern Box Turtles um we uh they were they were pretty satisfied with the fact that we have uh cell soccer silt fence around most of it for the existing work that we're doing they're going to let us know if there's

anything else that they need us to do they would have further conditions if we were developing it for house Lots but they don't think they'll have a lot other than keeping it free of turtles till we're done because there's never been any Turtles on site that anyone's observed they also inspected they were they were pretty you know confident that that wouldn't be problem they just want

to keep it that way until we're done doing work so uh I think most or all of you have probably seen the site in the past um so the goal is to um degrade it according to this uh this plan uh so that we can raise some elevation here for appropriate drainage to go down into the Swale that's already there to go under the uh the roadway that we've built that already has pipe everything

when we were out there seemed like it was working fine it greens under the road and then down into the wetlands

so so that the commission can recall this filing is in response to the second enforcement order with regards to this property is it the third former I believe it's the third I know there's at least two formals spreading out over a period of two or three years it's a lengthy file of the applicant proposing and committing to doing a number of things and and has not taken place it appears now that all of the ledge has

been removed from the site to an elevation far below the water table that the restoration of this site is a very pressing issue but one now that that the applicant basically just doesn't have any other use for the land because they're not going to build homes on it but they basically got what they wanted out of it so we have made it clear um during a number of public hearings

at least two since I've been here about the types of things that you all had made comments on about what you wanted to see happen out here as part of the restoration part of the enforcement order was to cease all activity on the site until a notice of intent was filed that has not been the case depressed area filling in where the site was excavated to below the water table

and what kind of material we do not know at that time that we were going to want and require some material testing of all the important soil positions because you had questions about what you had seen being brought onto the site and spread so when you look at the plan that's being proposed although it rating wise is not all that terrible there are some improvements that can be made like widening the proposed

directional Swale specifically the 132 Contour to make that a little bit of a flatter area and get a wider birth rather than channelize this flow when I reviewed the plan I had a few recommendations about the grading and some of the construction Activity one would be that substantial rip wrap sedimentation uh four Bays be constructed on either side of the Culvert crossing the driveway

this should be a 50-foot brushed Stone driveway access area if they're going to keep a driveway or they can just remove it completely we had asked multiple times that the gate be restored and reconstructed that has not taken place and the site has been continuously open for months and it's been monitored by by Chris Boyle and myself many times over this period so if you drove out there now you could

just drive in well you they have a small it's a right they have a quarter inch cable elastic coated cables attaches scrap metal scrap metal so we need a formal gate to be installed to close off access to this area because this will become a Dumping Ground well in in speaking with people on the site that have been incidents of dumping up sure right any open spot what's going to

happen it's not any of those things you would want to protect from hat from being held responsible for The Dumping by installing the gate that was requested a long time ago I'm back when we look at the site in the restoration area we just have a proposed moment seed of the Disturbed areas the commission may consider the requirement of planting some trees or Shrubbery that's a that's up to you to decide with

to what level you want this area restored to the biggest issue I have is with regards to the material that's been brought onto the site so in my opinion the commission should require extensive soil testing of all of the imported soil material specifically to what went into that hole which was substantial so there should be a number of test bits dug to 20 feet within that area and all

different soil samples sent out and tested for anything that work would have to be done under the supervision of an LSP and so we had proper chain of custody of the testing and all those results would need to come back that's that's at a minimum and now you could potentially extend that to the rest of the area that's been restored as well there's been a lot of fill that's been brought into this site when you

walk in can discuss that another item I have voice concerns about this is the amount of silt that has entered all of the adjacent Wetlands both to the north of the site and then also across the street so there should be some type of a discussion or condition on cleaning those Wetland areas and removing all of the silt that has washed off from the site those are my main concerns it's nice to see that

the applicant has finally filed something and moving in the right direction I wish it was a little bit more complete including the items that we had initially discussed but you can do all of those things conditionally through your issuance of your order now soil testing how many spots do you think we should test it's 7.1 Acres what's that what's the size 7.1 am I wrong I mean the the area the real area of concerns

I would say a dozen you know where where the Deep fill material was the rest of it is fairly observable that have been the side slopes and all that kind of stuff but a lot of that still has to restore so I don't have a big problem with the side slopes I don't that doesn't mean that then you shouldn't my main concern is what you can't see which has been

very 20 feet deep in that in that hole after we had specifically said do not fill this hole do not import material in ignorance to the enforcement order that was filed right and and it seems like a lot of the material that's being used is a byproduct called the fines of their Stone crushing operation um I have some concerns about that with respect to Future percolation it's a very clay-like substance it sticks to

all the heavy equipment stuck to my truck couldn't wash it off um but I have a couple of concerns as well so um approximately out in March because I've been out to the site several times the two existing um small and they're very small I acknowledge Wetland areas um I observed and documented at least one obligate Vernal Pond species in those two areas which would be wood frogs okay okay now I'm sure you guys you you

understand that um funnel pool species returned to the area in which they were first hatched right so those two Wetland areas are so heavily sedimented nothing's going to survive in that sedimentations have migrated off to an area as Dan mentioned north of um those original two areas and now Wetland areas they're obligate Wetland plant species out there and now they're becoming sedimented Additionally the

catch basins to my knowledge in the last six months have never been maintained and I have communication from scitec dated April 20th 2022 that says quite honestly that the silt fences will be maintained construction entrants to be maintained drainage facility to be maintained none of these areas have been maintained okay and only until recently I would say within the last few months has there been some

attempt to secure the property other than that anyone could drive in there um so the catch basins nothing's happened the silk fence the erosion control that's been compromised it hasn't been touched in weeks I've been out there so all of the things that have been told to us that we're going to be happening have not been happening and quite frankly I don't speak for the rest of the committee just myself but

I'm growing frustrated with this commission being patronized on this site we are told it had been communication with the Audubon Society I reached out to the Audubon Society Andrew Ogden he said there hasn't been communication since well early last year so they don't have any record of communication about the site so what I'd love to see it donated absolutely but I want to be sure if it's

going to go to Audubon that they're not getting something that is going to have to be remediated that's my concern so the rip wraps so what you have is you've got all the water coming off that site Flows In A Northerly Direction North Westerly Direction and it was supposed to be a rip wrap install there to prevent that sedimentation getting to those two Welles I don't see a rip wrap I see crushed

stone three quarter inch crushed stone there's evidence in the runoff of reduction oxidation reactions taking place which take place in an oxygen dense situation that's all flowing into those Wetland areas so um what was put in there as a rip wrap is doing nothing to prevent that that all of those materials from getting in and one one opposite one look one observation will tell you that they're

not doing what they should be doing so what I would like to see if that water is going to continue to run off that site something put into place to remove the sedimentation and any other issues before it reaches those two Wetlands so it would be a constructed Wetland a drainage Swale um and I know this sounds like a lot but there's been a lot that hasn't been happening out there and I feel these

problems have just compounded each other and had these items been taken care of initially we wouldn't be in the situation that we're in now I think what's important to note is that once the site becomes stable with grass a lot of that is the amount of sediment that I understand so any of this type of cleaning activity or that should be the very last thing that gets done after we've stopped contributing silt and

sediment to this drainage as well so those are all the types of things that can be done through you know in order of conditions with a certain construction sequencing any other questions yeah so there's a driveway on site my concern with that as then mentioned is what if this becomes a dump in sight I know that the gate there is no gate there's easy access there and if you are

going to restore this I would say that if you don't need this to get rid of this driveway because I think that's just going to invite people in there to do a lot more dumping and and whatnot so if we could remove that as well we are serious about restoring it let's put it back the way it was well one one purpose to have the driveway serves and it doesn't have to be a driveway

is that that is what required that that pipe be installed and to be able to create a sediment for Bay previous to it running directly through so if we get rid of the driveway and theoretically the pipe then that would be free-flowing so we do want to at least leave the pipe and the two depressed areas on either side now if it doesn't have to be a formal driveway now somebody of course

can drive through anything unless you block it some way whether it's Boulders whether it's a gate I would recommend you know the installation of a substantial gate similar to what you see like at Horseneck Beach or you know something six inch Bollard steel gate that's that can be locked because if if anybody if this was ever accepted I mean it's one thing to say that you want to donate something you

have to find an institution that wants to accept it that would be something that they would then need to do to secure their own site nobody would own this site and allow unfettered access to allow dumping to occur so I think it's something that we've asked for continuously and I think that that's whether there's a driveway or not the area over this Culvert should be gated off substantially yeah

I agree I'm glad you donated but before we get to that part I think we need to fix let's get over stuck yeah restored uh so I think what the board we should probably make a motion for 12 uh test sites soil testing uh from an LCP uh under their uh their their jurisdiction and uh 20 feet deep and then uh I would recommend too that crushed stone be added to the

driveway gate fixed silt fencing and erosion control be updated and maintained we missing anything on that well what I think is probably the best thing to do is allow me to why don't you allow me to send a set of comments to the engineer all of these items not only should the day be conditions they should be shown on the plan so if they're shown on the plans then you don't need to make

them a condition okay so I can provide them with what you're discussing tonight they can include that on the plan set and then you can just basically at the next meeting approve the plan set because all of those enumerated items will be part of the plan okay so can I just have a motion to have Brands yeah I gotta listen oh I have a question sorry pledge well Phil I'm just saying yeah you're not gonna

make it do we have reason we got some places you're gonna get five feet that ledge for the South could probably get about 10 feet but then it's going to be solid rock so we'll test the excavate to you know just to refuse just bringing that forward yeah yeah and like I said we're not trying to make things more difficult it's just there are a number of things that should have happened along the way

I agree and just haven't happened that settlement part to the we had that looked at over a year ago we dug it all out we restart it we reseeded it we put a rip wrap Swale in the middle of it there is a rip wrap Swale there we did dust some inch and a half Stone over the top but there is a rip wrap Swale that runs across that pond so just you

know no I don't deserve that and that should be shown on the plan and but they but they they are there but they're not effective so you did what you were supposed to do but maybe the plan was ill-conceived to begin with because it's just not doing its job I mean if you go out to the site and you look in the pond the water's tan and that's from the fines running off so

you know I'd like to see you know some type of some way to at least for now temporarily stop until this project is done that because again I agree once it's finished planted a lot of that runoff will seize but it may not because of the fines are very clay-like and they could over time form an impervious surface so we could still end up with runoff from that from the lowest point

from that site I could be wrong I don't know enough about your business but I do know what that material is like I've seen it cottoned and compacted and it it's it you know it's a natural finds yeah no I know it's from The Rock not nothing contaminated right you know but we don't know that so because we asked you to have the material tested before you deposited it and you ignored it and just the positive

material I don't have any record of saying that we need to have it you know we the site was under an enforcement order that no activity was to take place until this plan was submitted that was ignored attorneys Ajax is that correct until the plan was submitted or until a notice of intent was filed for the complete restoration of the site no activity was to take place on the site that was cleared we never got that

um So the plan was submitted or I I believe activity ceased until the plan was submitted but oh no no no no no this activity has been occurring for months filling in that hole for months and when was this just filed I know it was kept being promised to us every month and it wasn't well I think it was supposed to be filed in February I think we we had talked about it in the December meeting

and they asked for time they asked for additional time and I believe I could be wrong that I think it was um so why don't you ask for some other comments from the audience one issue sorry Reverend in the audience okay go ahead yeah I first I want to thank Mr Boyle in our and Dan I support it I don't have all the technical expertise that you guys have on this so thank you

uh you did mention box turtles finally someone mentioned them um you're not you're within walking distance of the with no newer the power line and where the new electric station is yes is that right a number of times I can tell you that uh uh maybe not this week but in the past when they did the checkout on the box turtles there they had some way of tracking them and they reported that they had that so

what I'm telling you is that one of your neighbors listen just a little more distant I guess than some of these guys think um had found 28 different box turtles wandering around the Electric Plant which was you know certainly opened my mouth now maybe they weren't I think and this was done by a reputable Wildlife tracking grew and uh so I would hope that your fence it looks to me as if you one of the one

of the problems we have is what I don't want to turn it into a turtle trap so they've got to be able to get out now I suspect the turtles have gotten in and I well there's no idea whether they've dodged the trucks or not well and I'm not going to get into that but try to defense should reflect that need we don't really don't want Turtles going in and out or it might be a good

idea to check with someone check with the Heritage people they mentioned exactly what to do they have and with respect um to the to the general ruins of site it becomes it did not become a habitat for Eastern Box Turtle until very recently when they updated the mass biomap so they had no knowledge that it was habitat it is habitat now but this is they all this knowledge only came to

them most recently because I did speak to um Tim McGuire I did speak to Tim and it's only recently that that's been designated when they updated the maps so they had no idea that was habitat priest and box turtle nor anyone else who had designs on the site um so they were they would have they would have been I walked there I found box turtles well but Reverend Hornsby the mapping that they used to decide if

it's Habitat did not indicate that that was a Eastern Box Turtle I'm sure you're correct I know you're correct because you're usually right on mapping and things like that I'm coming from a different direction well I understand that I understand I have found box turtles Within 15-minute walk of your site that's all so try not to no we understand the electric company found this restoration will only improve their

habitat it's going to create habits the restoration will create habitat for them right and potentially the restoration will create habitat for the Eastern Box Turtles no one's in disagreement that Eastern Box Turtles exist out there but in this restoration it will become suitable nesting areas for because I have spoken to fisheries and wildlife and I have spoken to NHL that's correct fine yeah

no it is I've spoken to them trust me I don't want to kill them yeah no no no no again that is actually what Mr McGuire's said on site that at the end the restoration plan that we have will be a better habitat for them yeah yeah no absolutely that's why we want to see it done and we want to see it completed and we're not trying to hem you up but again I think

some things have just lacked out there and and now we're playing a little bit of ketchup but I understand that so the only question I have is um so fisheries and wildlife um they didn't issue with cease and desist but they said all activities should cease until project is complete so that project hasn't been completed by fisheries and wildlife or nhesp IE uh no they're nhsp is supposed to get back to us with

regard we had a site visit they were actually pretty happy with the way that the silt fence was in the areas that it was at least keeping the Turtles out or okay keeping the Turtles out okay I'll because I will disagree with them on yeah they were looking at it from uh right I would I would disagree with their effectiveness I mean obviously if they're doing construction there and you're running

trucks in and out to to pick up gravel which is you probably don't want a box turtle standing in the road but um let's maybe you can we can get some experts and figure this out maybe and maybe you could do it by next meeting they were already revving they're already they're already involved with them they're already working with national NH ESP and their report should be finished before that and they're

working well we haven't seen the report right but that's because it isn't completed and nhsp is working out there with them uh fisheries and wildlife are out there so good they've been out there and they've done a site visit and they're monitoring them in Revival I know they have okay let's go any other further questions uh just a question for for you John and Dan are we leaving it to the can we make a

recommendation on soil testing as far as analysis or is that up to we're leaving that up to the LSP you can leave it up to me you can leave it up to the LSP I mean we've we've discussed you know a dozen different test pits now in the test pit itself you can have multiple elevation depending upon how deep the test pit is you know it is and you see different soil

material from the bottom of the test but so this all comes in they don't fill in to the top in this one little section they fill in a vast area two or three feet then different material comes in and then so you know I could I I can be on site during the testing if you so choose along with the LSP to make sure that we're at least looking at okay if we see

something we could theoretically dig a hole and find stumps construction debris crossed my fingers that that's not the case because that'll be available there's some of that out there well hopefully it's not below the water table oh I don't think yeah so yeah okay and if I may uh just that point Mr agyar uh we're happy to have an LSP on site to work with that I think a prescriptive number of test bits is always a

difficult thing typically it's based on the volume of soil that you're looking at so we're happy to work with the city uh to either do it as part of the review or as part of the on-site work as it gets done I think it doesn't at our designated location should be more than sufficient all right you got another well I just want to say yes there was some illegal dump in there we did haul

that material away back out of that went to a recycle facility so we did not dump any construction well I mean I've been out and I've walked the site and I see I've seen you know in the fill there's plastic bottles there's some tree stumps there's some pipes there's there's yeah there's also that I mean I I there's a there's a pile of house plant things out there so yeah well if the board feels comfortable with

having Mr Aggie our draft a letter of our concerns and set and just basically establish conditions well what we've discussed tonight so that they're able to put them on the plans and they'll come back next meeting hopefully everything that we've discussed is on the plans right um and then we can issue the order it's always easier just to issue in order based upon the plans that are submitted

rather than try to enumerate a number of conditions right okay and are we going to receive another Plan before next meeting yes within more than within a week let's see within a week yes yeah I'll send the email out tomorrow in anticipation of the plan being in so that we're trying to digest it sure yeah Dan's going to send a letter with our concerns so I'm going to have a motion to have

Dan draft a letter so move the second roll call up hi hi hi yes yes thank you both thank you foreign

cables and system USA LLC project locations within a Time River such as Maps n a followed by VHB on behalf of prism cables and Systems USA LLC applicant is proposing installation of a navigational Aid Light Within the Taunton River East of the federal navigation Channel possibly 330 feet the navigational lab will provide illumination way finding and additional safety measures to the Marine pilots of

vessels utilizing the private Channel with Travis to the Taunton River East and West to Brighton point in Somerset you just uh take your name and yes good evening my name is maritime engineering company I'm off at nickel and representatives of the applicant good evening I'm Laura Leach from BHB we do um I have slides can I just plug in here yeah yeah perfect

and could you make sure you speak loud enough okay

you want to get my report once you're setting this up yeah go ahead sure um so as the engineer stated this has to do with the navigational light in order to align ships going into breaking point for the new facility that's opening over there it does extend well off of the shores of the city of Fall River we have a letter from the division of fisheries and wildlife with no adverse

comments the only condition that I would say that you should put on this and it may be somewhere floating around that we get a letter from the Harbor Master with no adverse comments as well I'm sure you've already spoken to him so hopefully that wouldn't be too difficult I'm sure he would be in favor of a to navigation right so those are my only comments other than that they should

there are other perimeting hurdles yet chapter 91 license and other things this is just the first step so um it's a very very minor activity okay go ahead all right so we're going to just talk through the exact location and the proposed work um very minimal well in resource impacts a few mitigation measures and then we will touch on Regulatory Compliance and um as Aiden spoke the uh location is

in Fall River but this is a light to facilitate the ships that are entering the channel going the private Channel that's going towards Somerset and the Brighton Point site the brain point or the prism Breaking Point site is a proposed cable manufacturing sub submarine cable manufacturing facility and they are going to have Ships coming in and out of that facility and as part of that the um

local Pilots have requested a navigational light that will assist as those ships are coming in and making that turn towards the private channel from the federal Channel again this is a more zoomed in of the exact location and it is outside of the federal navigational Channel and also outside of the designated Port area of Mount Hope Bay and I would say closest to Kennedy Park which is um the nearest land feature

after speaking with the pilots and trying to figure out what we're going to do with the marine terminal on the other shores of Brighton point the pilots advise us and highly recommend it to us that we install this this navigational light on the Fall River Shores if you will and that will help them get in and out of the out of the existing Channel right now more easily more safely for the pilots in at

adverse weather conditions so that that is the reason that we are even proposing to install this navigation alight and what we'll be doing there is installing essentially Five Lights which are size of of uh binocular each of them just one eye of a binocular and this slides will will project flashing green green white red and flashing red lights identified to the pilots whether or not they're steering

too far to the left are too far to the right of the center line of the existing navigational Channel and that is what we're currently showing right now is an approximate projection of this light and how we'll be supporting this light which will be roughly about 25 feet above mean Lola water level or about approximately 20 feet above mean sea level to a normal water elevations what we'll be supporting this with a

monopile we selected this this model file in order to be less obstructive to the waters as opposed to a tower with a trust Tower or anything of that sort I figured that a monopile is is uh will do the job to stabilize this light while also maintaining the adequacy of the angles as you can see the angles are the projection of this light is very critical to the pilots if it if under adverse weather condition

for example it you the light leans over if it's like a flagpole it will project the wrong way the pylons will then hit ashore which is not what we want so it needs to be a very stiff structure and this is what we're posing a 30 inch steel diameter pipe pile with the thickness of 5 8.

and this pile will be Rock socketed into the bottom of the 82 into competent bedrock and at the top of it will be something like what you see on the screen you'll be solar powered and then you'll have a knee brace platform that it will be will be mounted on and on the on either side of this of the pipe file you'll have uh you'll have a ladder for personnel to to service this or

uh to be able to to to install this light now it'll be a battery pack on what's shown on the run on the right sketch on the left that that will be fed by the solar panel and then the light is over there on the knee brace platform

uh during construction a couple measures to mostly protect Fisheries but um these were good things uh that we've sort of coordinated with division Fisheries on so uh floating turbidity curtain um will be installed and also soft start measures to sort of disperse fish that are in the area before full force pile driving um and um these are Regulatory Compliance we know that item impacts are

really minor about five square feet to accommodate the size of the pile um but good to just mention that there's no permanent alteration to the bottom topography or sediment and no changes in water quality or temperature and that this isn't a sensitive uh bottom like uh with submerged aquatic vegetation or anything like that there may be shellfish in the area in fact it's probably likely um but

um again the the work is not going to alter the um the water or water quality there and um it's likely that the shellfish will here attach to tiles so it basically provides them with habitat habitat um and again we are in a fish run um but this shouldn't affect the migration of fish through that area uh it's it's very temporary and the time of construction is very short

we'll work off what a barge yes correct probably a project it takes a day it's a 30-inch pile it might take a little time to drill down so yeah you might take it is less than a week but roughly maybe you know three days maybe then if the weather cooperates if not maybe a week essentially the process is by going to driving the the pile and once they reach the uh the Bedrock

the common pattern they're going to start drilling grouting from underneath trim and grouted and that that process can take a little bit of time I saw you had a shield that just focuses the light out onto the water not Fall River people will see wondering yeah we had discussed with this this will be installed just off of the lower Kennedy clock Overlook so they had addressed all of those concerns two questions I have

are just general knowledges is there any type of protection required around this like any type of Fender or or dolphin to keep people from hitting it or is that not I mean I guess you could hit a marker too whether they're rather green I just didn't know because this was a little bit more stationary and rigid is there any type of protection required for this that's a great question and we are we're working with a

coast guard to to determine what kind of uh markings we need to put on this on this steel uh ideally I like to paint it some sort of like yellow so it's very amazing it shouldn't be green so theoretically you may be back for an amended order if anything substantial needs to be installed and then my other question is is there any kind of internal monitoring system that tells

you when it's too far off kilta to be utilized any that gets shut down or or lets the ships know hey do not rely on this or we have a problem uh the internal leveling or something like that the equipment will be willing to be maintained regularly and calibrated regularly there is no internal instrument that we are even aware of that's it's made out there by manufacturers that do that type

of uh ability that have that demo entering but so the answer is no uh however like we're not aware of it but they will be mitigated through the maintenance process okay great thank you will have a Daymark I'm sorry will it be a day mock Daymark a day Mark a reflector day mock like you see on a lot of different navigational beacons a Daymark it's a reflective Daymark the actual pipe itself no no it's it's it's

um they're on a lot of the a lot of the listen Mr fisherman a lot of structure a lot of structural nav you know navigated they have a day markets are reflector so then you can see it during the day now okay protect the the voters from from hitting this pie pile they'll be 20 feet 25 feet off we should be able to see it around yeah it should be visible yeah I'm just curious

but just in case you know 30 inches or so yeah it also had night time that's that's the part that that we are probably mostly worried about in nighttime weather and some of the seasons around uh so it might be uh the Army Corps might have us and the Coast Guard might have us put some uh some markers in there some some reflectors in there for the for the purpose if you're

asking directly at the top of it on the actual AIDS if there's anything like that no but maybe on the body of the of the shaft itself or the pile that that might be some maybe there'll be a bill I don't think that it shouldn't move correct any other questions so you said oh this is solar powered correct so is there what happens let's say there's a storm or in the

winter time when you have less Sun those lights how long are they going to be able to be powered without having sufficient Sun let's say yeah that was one of the questions that we had went to the manufacturer with and they're essentially the way that the operations of a vessel will be working is that the vessel will come in into this area maybe a dozen times a year and be in and

out of there you know during those times this slide it's over designed the battery such that you can essentially run 24 7. and they're only needed for a few hours it only turns on when when the ship is there oh okay that's yes which makes what Chris is saying even more important that there is some kind of reflected there because obviously that's going to be sticking out of the water 20 feet 25 feet and the concern

there is and uh I was on the impression that the light was on and anybody in the channel could see the light you know but if that's not the case I think it's very important that there is some kind of you know that it's highly visible um because I I was not on the impression that it was going to be going off and on the ships have the ability to turn it on

and off so I mean that's something that's that would be a concern from for me if I'm a voter if there's something sticking out you can't see it so um what Chris is proposing or maybe painted a different color that's going to stand out but I think that's something that's very important they still got to go to chapter 91 yeah it's gonna have to go through chapter 91.

the navigational aspect of it they'll make sure itself yeah the Coast Guard will dictate to us what we do with that structure whether or not whatever reflector or painting or both they will dictate that and if not I want to make sure that I put something in there just for work do you know okay you know of any other locations that something like this is installed but what's the closest you know something similar

I know you guys have dealt with stuff all over the place but is there anything local that a navigational like similar to this is exists arranged just out of curiosity I can find out I can find out for you appreciate it anybody in the audience any other questions sir could you state your name and uh yeah I can call you say Paul median uh 1388 Westport uh it I don't know it's identical but in

the maritime terminal in New Bedford the option of America terminal they've got a similar Arrangement whereas you're coming into that channel you've got a solar powered array that runs red to Green uh to try to keep you on point though Gloria would know better if that's similar identical but this that that type of system exists in the bedroom Maritime terminal down the south end here good to know thank you thank

you sir all right no other further questions uh can I have a motorcycle in the audience uh can I have a motion issue an order or conditions uh with the conditions that uh get a letter from the Harbor Master uh submits with no adverse comments motion seconds hi hi hi yes yes okay thanks thank you thank you very much thank you thank you sorry just a question so if we provide the um

an email or communication with the Harbormaster um do we come back before you to close okay just it's a condition as soon as we get that condition okay thank you all right next is 54-789 on Rapids Highland Farms development true LLC project locations 175 Hillstone Lane assistive map is u-04-0056 followed by scitec on behalf African applicant of the question certificate of compliance states with

the exception of long development on this lot and work authorized under this order has been completed the substantial compliance to order conditions there is also a minor Wetland and trophy located in the Southeast corner of the subject property so what we did on this was we did a sidewalk and looked at the as built plan that was submitted some of the white Wetland signage was put in an

improper location so I directed the owner in applicant to relocate that signage install a post and rail fence along with the original approved work limits were and clean up the very minor encroachment that they had into the bordering vegetative Wetland that work has been done however the engineering firm hasn't gone back out to update the asbo plan and get that submitted so I would recommend that this gets table to

the next game can I have a motion to the table second okay hi hi hi yes all right okay next one is request Mr certificate of compliance se-24-786 owner applicant is Highland Farms development 2 LLC project location 133 Fieldstone Lane uh assessors map u-04-0054 filed by scitec on behalf of applicant applicant has requested a certificate of compliance with the exception of final lawn development on

this lot uh work authorized under this order condition of some complete and substantially compliance with the order condition everybody so similar to the last one um there was no minor Wetland alteration here that was fine but some of the the well on signage actually went on to an abutting property so we've asked them to pull that back and show that on the on the about us on the finalized Bill plan

as well and finish the Lumen seating so we're just waiting for the updated as we'll plan so similarly to item number three I would recommend that you table them out all right could I have a motion on the table motion table second local vote aye aye aye all right yes okay two tables next uh anrad sc-24-816 owner applicants BBC worldly holding LLC uh project location zero Innovation Way this map is

w-19-0187 filed by Zenith Consulting engineer LLC on behalf of BP we'll be holding LLC to review the proof and submitted wetlands

will be setting up if you want I'll give you a quick little rundown on my report um so the only the only concern that I had on this and it's not that big of a deal is the there were only two data sheets submitted and they were both in association with one Wetland flag so my only recommendation would be is that additional soil transects and data sheets and data plots be performed along the lines and

those locations should be shown on the plan I know when the wetlands reporting the data sheet itself it does it does mention that they're on the plan but they are not so the real line from WF 2-17 from 2-3 there there was no there were no data sheets for that so I would have a request some information to be added to the file for that and then specifically in the location of flags 2-9 through 2-12

and then along the front um my main concern would be from Flags 1-5 through 1-8 hydraulically you would normally assume that this Wetland line would follow the 182 Contour along the front and that there were some test bits submitted with regards to flag 1-17 however they were to 15 feet of either side so between the the information that was submitted to the Upland side of 1-17 some hydric soil investigations in

between that test Pit and the Wetland flag itself just to make sure that

so 1-7 out front yep so they do one test pit 15 feet into the Wetland one test pit 15 feet outside of the Wetland so now that's 30 feet in between them the one inside of the Wetland showed groundwater at a certain elevation that dictates hydric soil condition the one to the Upland side showed none so somewhere in between there so if there was one done right at flag 1-17 or just Upland of it we should

determine where that line could potentially shift we're we're really splitting hairs here but if the additional if the information was submitted previously with the proper amount of data sheets then we could probably move the spot it's really minor work for them to go out and take a look at go ahead and give you a presentation sure um how many extra would you like or additional would you like

um I would say on the rear line I know maybe three okay and then just look at that area between Flags 1-5 through 1-8 that's all so just provide enough documentation that illustrates it that's correct all right I apologize that I didn't have time to go dig the holes myself but oh and we've done we no problem asking for the Wetland scientists to go back out there um obviously this is the first step in a

process for development on site and want to make sure that we get the resource correct um I do have confidence in the in the Wetland scientists but um we also want to make sure that the city is comfortable as well so I have no just so the commission knows the site directly to the South you had just issued an o-rad for that that was a very large piece and and this line

picks up right with that one left off and this has been flagged in the past in a very similar location to this so I think dot a few eyes and cross a few T's and we'll be fine I don't have any other questions can I make a motion

through 1-8 and 1-17 and the Uplands uh have additional test pits thank you motion two second roll call hi all right all right all right yes all right okay thank you do we know when that meeting will be it's one month so May 1st is that a community yeah we meet the first Monday of every month thank you okay next is uh notice of the 10th sc-24-817 owner applicant is mellow Estates LLC uh project locations 1262

Brighton Ave says this map is j-24-0002 filed by Zenith Consulting engineer LLC on behalf of African African proposals material storage facility also restoration is proposed within the uh previously Disturbed Riverfront area and buffer zone as well as cleaning existing drainage as well some bright and a half subject to massdot approval

LLC and Dan do you want me to start yeah okay all right um well again the site is located 1262. uh Brighton Avenue Fall River we did receive a dep file number of zero two four uh to speak to the shade louder sure that microphone is not on for here by the way got it television all right so dep file number zero two four-0817 um just to be up front this isn't after

the fact notice of intent filing for work that was done without an order of conditions um so the site consists of about 4.9 Acres uh there's BBW Riverfront and uh Flood Zone located on this property property the Wetland resource areas were delineated by Stephen schmiel and there is no natural heritage on this site uh the violation will work without a permit included vegetation removal Earth

disturbance within the 100 foot buffer the 25 foot Riverfront and within the flood zone um this plan set proposes mitigation and also future work that the applicant would like to do moving forward I'll start with the mitigation which starts uh in the vicinity of s1-100 and runs all the way around to the back um which ends here at w1-129 um the what is shown as the light blue is Riverfront on this plan has a 25 foot

Riverfront area but also shares the top of bank or Wetland characteristic under the Inland Wetland protection act as well and has 100 foot buffer zone where the blue changes to Green it is no longer Riverfront it is just bordering vegetative Wetland and has 100 foot buffer zone um what we're looking to do for mitigation is the 25 foot uh buffer and Riverfront area it when you go out there

now it's a mess it's loaded with invasives uh there's been disturbance in there uh this historical disturbance where if you look on the back side you'll see stacked stones and fill what we'd like to do is we would like to take and clean up that 25 foot area we'd like to take and remove the invasives remove the debris the trash and take and bring in nice organic loam about eight inches of it level it off to

a reasonable elevation grade wise and then plant Northeast solar pollinator mitts and this was picked out by the Wetland scientists because of in longevity with the invasive species that are growing there unless we're going to use some type of a herbicide or poison there's going to be no way to really keep those at Bay so part of our proposal is also to have a mowing plan of at least twice a year to

keep not only the grasses and flowers at Bay but also keep the invasives at Bay um part of the protection for the site will include Boulders I would like to place Boulders in the beginning around the site at the 25 foot strip this is what we're calling a temporary boundary until the buffer is completely established and ready at that point what we'd like to do is construct a six foot tall chain link

fence at that 25 foot this will allow for a nice permanent barrier there'll be two egresses in and out to that area for mowing on a on a semi-annual basis or more um the fence will run we actually are starting the fence over in this vicinity here tying into an existing fence and then we're going to pick it up again over here and run it right along with this the with the proposed 25 foot um

the proposed work on site is we would like the applicant would like to remove uh the ledge outcrop that's on site now and bring it down to a reasonable grade they will remove one the existing ledge rock that's on site they'd like to bring that down and be able to use the site for a contractor's yard to do this they'd like to bring it down several feet in some

cases over 15 feet and and bring in and have a gravel base and drainage system as you can see on this plan as far as stormwater is concerned we're proposing a wet water quality Swale uh with check Dam and uh which will have a flow mitigation device and then flare them with a head wall at the end for discharge the another part of our application which is probably within jurisdiction because

it involves drainages outed Brighton Avenue we'd like to actually clean the existing drainage depressions that are on the side of the road in the entrance we have one in particular that we can't even see the pipe it's covered so the applicant would like to obtain permission with the commission but also with either masda or DPW or both to get in there access it to get the drainage working again that's in front of the

site um and then the next part would be erosion controls we've prepared an erosion control plan that's a two-page sheet that's part of the set go sh understanding that the The Rock removal process is going to take time and the drainage can't be installed on a huge hill of rock we've we've decided to put in what would be a siltation basin which we can construct in the interim during

construction and Swale Swale the the grade around the rock during construction to keep it so that storm water um sediment from running off site is really contained and maintained we have details on the next sheet and throughout the set that help us achieve those measures I think Dan has a chance to take a peek out of what you probably has we're happy to receive his comments on it and um that's really about it

a couple of questions after the enforcement order you would uh pile some asphalt melon that you still have on site yes okay yes um then uh the uh restoring do you know the number of trees that you have an estimate we weren't proposing to plant any trees due to the invasive the invasives when you when you go out and you look at the existing um the the existing trees that are still

there they're just covered with uh with I think Bittersweet and other invasives themselves they're being choked out typically in a situation like this I would be would have planted trees something that could stabilize maybe some low I'm sorry some trees and low shrubs would typically be the way that we would go in this case and some you know some wild you know flower mix or something but with walking it with the

Wetland scientist he said that it would be a full-time job just trying to keep pruning the invasives as they're coming up and not choking out the trees so if we plant trees it's going to become an invasive problem within a short time but you were going to mold to keep the invasives up and that's if we it'd be tough to mow unless we mow around the trees which we could we could plant sporadic trees throughout there

um if if that's the commission's uh desire our thought was to not make it just the forest again but to try to but the trees were alive and thriving right even with the evasive species that you said were there so I I trees were alive and they've been there for a long time under those conditions correct I can't speak when I was brought onto this project the conditions out of the way they are

now well I can tell you they were there because I drive by there every single day and I know those trees were in fact thriving and they were there doing their you know the right thing okay so they were survival okay I say so everything that was there is still there the trees as well if you go there on the back side of the perimeter on the water there's trees grow

10 15 in there's no trees as a result like you said the invasives it was all six foot tall I don't know what you call those things that are growing around the trees that's what I took down I didn't take down any trees there they did on they did on the Lich they took down all the trees on the ledge there's no question but I I can't speak to what was

next to the water because I was brought in after the enforcement was issued uh also what do you what do you plan before we can come up with a 100 foot buffer zone 50 foot what's going to be stored there and what's going to be on the driveway gravel because we need to determine that before we settle on do you want to speak to what's going to be stored on site um construction materials sand

three-quarter Stone mulch uh basically like a material yard if you go you know you want to do a flower bed I'll have mulch there Loom stuff like that will that be stored in bins bins yes concrete blocks I'm sorry will there be any construction heavy construction equipment yes so we'll we'll add that I'll sit down with my client and we'll add that to them but currently you also have asphalt

on site right there's a pile of asphalts yes that's what I brought into because the site is loaded with trash from the previous owner it's scattered throughout the whole back area that's what I was piling up to get rid of because it's full of Steel and concrete and trash so hold on a second where did that asphalt uh pile come from from the site knowing all that stuff I brought in a

million Milling just grinded apple right so is that going to be you said that you're going to have mulch you're going to have sand is that something that you're going to have you're going to bring in more of that that's going to be the face to pile of everything so instead of Paving it well that's not ground right no it's not right no but we can use it for a gravel storage area

okay so we can use for everyone could you say again what you're going to do with the asphalt the asphalt I was going to use it to lay it down for an area to park our equipment so we go okay mud and that's tracking everywhere so let's let's start at the beginning so this this is not in in after the fact fight this is a response to an enforcement owner very important two different things

the applicant after he was was told not to do anything on site he imported the two very large piles of millings I went to the site spoke to him directed him to remove them immediately that has not taken place that's got to be three weeks ago I'm guessing I had sent you an email Jamie when that happened and Joe we spoke on the site um so the the ignored enforcement order should be something that this commission

looks at very very closely I have issue with an existing conditions plan that does not portray the true existing conditions with regards to limit of vegetation limit of clearing number of trees that have been cut I mean this site and I have sent Jamie um an updated aerial photograph that you all have I believe a month before the current owner purchased this property and you can see the level of vegetation that

occurred on the site whether it be grass scrub vegetation that provides wildlife habitat a number of trees I don't know how many so the very first thing I think we need is an existing conditions plan that illustrates we have this limit of activity brings us to it may be well within that 25 foot buffer zone it may not be I don't know the plan doesn't show that so there should be

a comprehensive existing conditions plan that illustrates what happened what's happening drainage wise as well there are a number of culverts and directions that storm water flows that when you look at it for face value it may not mean a lot to you but when you're looking at pre-existing and proposed drainage analysis where water is Flowing to is very important there's a catch Basin on

that site that's just labeled I don't know where it goes or where the piping goes to but water does get to it um so in existing conditions plan should be you know a very first starting point the commission should consider the limits and the scope of the restoration area with regards to any types of fencing signage the distance from the resource area that that you would be okay with whether you feel that gravel or now

asphalt millings is an appropriate surface for a use like this with regards to storm water running off into into the resource areas um we haven't I have a number of items that deal with the proposed activities but I honestly and you've read them all I really don't even think we can even get to some of that until we know what our true starting point is we have a drainage analysis that assumes a large portion of

this site is is existing gravel that that's clearly not the case so that's our starting point so I think we really need to take a hard look at where are we starting from where is the water going some some of this water doesn't make it to the quickest hand River directly some of it may in fact make it to the Southwest Upper pond through that drainage system that runs on the Britain Avenue so I think there's

a lot of a lot of work that needs to be done but first comprehensive existing conditions plan so you can make the assessment hey what's happened here you know you you have the aerial photograph you can see the level of vegetation that's taken place on removal that's not reflected on this plant set at all and then you can discuss you know what do you want in the restored area do you

want trees do you want shrubs do you want grass do you want it mowed you you may not you may want to let it grow wild invasive species or not because that provides a certain amount of habitat but in the sake of time I think the first step would be dealing with with that I had a couple of other items that I had sent to the applicants engineer with regards to the existing

access easement that allows them to even access this site um I don't know if you were able to take a look at that but there should be no vehicle parked anything parked or stored in that right-of-way even reconyx boxes even anything it's it's the right to pass and repass not only for this property owner but others up gradient from the site to the north so no activity can take place other than

passing and re-passing in that location that needs to be shown on this plan with the conditions of what that license allows you to do we're also going to need when you submit design plans where are you going to park employee Vehicles where I mean a real site layout plan comprehensive for how we're going to deal with that right because it says vehicle storage stockpile area size and location may vary it shows a

very small portion of the site so we would need more definitive information control plan right that's right right that's only what people are going to pop when they're taking this okay all right what's happening so good so we're not even seeing what vehicles are going to be stored where I mean heavy equipment I I don't know I don't see too many and then I worked around some that don't I

also sent you another email or maybe it was a phone call so ledge removal like this requires a level of Permitting well beyond this commission yes which you would need to file with the planning board for room any type of soil removal like this so I would suggest that you start that process soon because this commission will not act until that permit is in hand um it's it's useless to waste this

commission's time on something that may or may not happen or that your entire approval is predicated upon this ledge report so so you should stop that process now other than that I don't have anything much to offer other than that well we can't really move forward unless we have no plan to know what our starting point is okay and our starting point truly is what you see in the photograph that that I gave you

it's not what's currently existing on the site now so as far as biography is concerned for existing conditions as far as topography for existing conditions is concerned you're okay it's just uh it's using the aerial photo like okay show limited clearing show surface areas like I know in the drainage calculations a lot of the surface areas were being I want to say 85 000 square feet of existing

gravel storage area I don't necessarily think that's the case if all of this vegetation and grass is growing out here sure um so I think you need to use that photograph as your starting point okay and in your drainage calculations those should be the conditions that you're utilizing whether it's gas or Fair as you know creating the worst existing conditions for for runoff purposes help you in your

proportion sure so we need to make sure that we're accurately representing what's there now and when you're dealing with the language um although you may say well ledge it's 100 runoff basically it's an impervious surface well that's not true because it was completely vegetated so we're going to have to we're gonna have to deal with that as well so we would like you to enumerate how many trees were removed

within the bumper Zone how many removed on site and then that can give the commission some indication or at least the information to determine hey should we require any restoration of trees in the area then you may or may not allow activity to take place okay now did you email him a copy of our concerns not yet no I wanted to make sure if you wanted to add anything else so I can do that is there

anything else the board has a question on or wants to add or no I think there are there are just have a short question you mentioned the if if you get permission to take away to knock down the the ledge what were you planning to do with the grip with the Rocks the the ledge Parts the rocks the processed material from if you yeah if you take the ledge out what are you

going to do with it we're gonna use it for more we need to build what we need on the site as far as the swales and everything but I do plan on selling okay thank you any questions in the audience can I have a motion to table this syllable second I I yes yes excellent thank you for coming in I'll email you that all right thank you appreciate it thank you sir

Max is noticeable in 10 owner applicant is tea bro magentos okay uh project location is 245 billstone Lane it says with map 2-04.0059 filed by Northeast engineer and consultant on behalf of African African proposal to install an in-ground pool and surrounding an apron patio portion of proposed work is located within 100 foot buffer zone ordering vegetative wetlands yes good evening for the record Jeff

Bowman from Northeast Engineers I'm here representative Jacinto the applicant for this notice of antenna uh quite simply what we're looking to do here is to install a pool in a surrounding patio in apron area around the pool that apron area will be you know built out of using pavers so it would be uh you know won't be completely impervious they'll get some runoff going through the pavers uh

the pool itself obviously will be the limit of work that I'm showing on this plan stems from the existing facilitation control that's out on site now we would certainly share that up the proposal is to bring in some new Shaw wattle surround the limit of work and construct The Pool and Patio area on the North side there is a small 18 inch high retaining wallet we're proposing along that limit of work about

three feet off of the water line so other than that it's it's pretty straightforward what you see on the plane here is what they're looking to do the limit of work again that I'm showing on this planet is what was established I believe and I didn't I did not research this but I you know there wasn't notice of intent that was filed for the house construction I'm assuming that limited work that's how in the field now

you know coordinates with that approved plan so with that I'd be happy to answer any questions that the commission might have so if I may board members sure as Mr Tallman suggested the BBW that's shown on this plan was previously approved under an anrad for the Highland Farms 2 subdivision it was a subsequent notice of intent file for the construction of the home which was on previous tonight so the limit of work

for the construction of that home for the creation of rear yard is pretty much represented adequately by by what's shown on this plan the Apostle again has no coc for the existing work need enrollment seating work to be completed in my opinion The Pool and Patio area proposed is much too large but for this rear yard area the initial limit of work was for the establishment of lawn area which clearly

has different runoff issues than or performance issues than a paver or a pool and I don't know if Mr Tallman offered this but this also requires a retaining wall did you mention that yes I did right so the entire site would have to be elevated with the retaining wall first along the Wetland and then and then squeeze this in and Phil brought in behind the retaining wall or just it would have just um no so it's

going to be filled maybe about a foot and a half 18 inches at the back to flatten out this area other than that back area um my concern is you know the proximity to to the Wetland with with this patio in this pool area I don't whether whether they use a smaller pool get rid of the eight by twelve L shape of the pool put the patio back from the Wetland area reshape it

um I think I think it's just much too close to the border and vegetated well and I think a reasonable size pool something like a 16 by 32 being able to pull all of the activity to a minimum of 10 feet from the bordering vegetated Wetland Edge now that would be to the retaining wall or to the pool maybe maybe a little bit more reasonable anytime we've also approved a pool we

also make sure that any type of backwash from the filter be done into an underground pit at a distance of a minimum of 25 feet from the bottom vegetated Wetland and any any permit of patio should be done so utilizing porous pavers and that is the proposal because that's a lot if those were pavers that would be a lot of impervious surface which includes the pool um directing runoff to obviously water

flows downhill to the BBW so that's a it's a huge patio area so it was almost the same size as the house well look at that I see the footprint that's almost the same size you know which paver they were proposing I do know can you get a spec on it I can't get a spec on it I'm not sure what they are proposing um what do you think their thought is about

making the pool smaller I would have to I'm not even sure I'd have to get back to them so I mean we're gonna have to continue this anyways do a lack of a file number I believe so I can get back to them and just see um if there's something else acceptable uh but the one thing I would like to add is that you know with this situation with the patio and the pool here uh with

the retaining wall along the back I mean personally I think it I think that serves as a nice limit of work um in it you tend not to get encroachment when you have a permanent barrier like that that's set up albeit you know three or four three to five feet off the Wetland line there's not uh you typically don't see encroachment beyond that at that point where were you where would you dump your grass clippings

having lived in the city all my life other than the last three years I always uh recycled my my yardways and I would expect that they would do the same and then the other thing bringing that up having a lawn area back there that you know that would go that close to the Wetland with the aluminum work that's established now you also have the potential for chemicals being dumped and treated on

that lawn and not running off into the Wetland whereas if you have you know a patio like this relatively flat you are going to get some runoff but that runoff would tend to be cleaner than what you would you know could get off of a lawn that's treated with cannabis well I think we have in our water conditions can't use them whether or not they listen to it or not there you go whether

we can catch it or not right yeah the existing one the other thing I'd like to know the existing deck right now that's shown on the plan that's only eight feet off of the bordering vegetative Wetland line on the east side um so having to maintain like a 10 foot buffer um you know would be a little problematic if it you know if the commission or would like to see some

sort of buffer it could be less than that that would be fantastic um just to give them a little bit more room to work is the commission comfortable with matching eight feet that the deck is rather than 10.

to go all the way around all the way around all the way around so no no patio area within eight feet I'd be comfortable with that okay again so we have no no file number so whatever configuration you come up with if I maintaining don't have any retaining wall or patio or pool within eight feet if I keep the retainer well right at eight feet and put the saltation barrier

you know a couple of feet off just for yeah yeah that's fine that's fine any Hardscape Improvement um no closer than eight feet okay but what's happened is and we're very happy that the applicant came and filed for this prior to the installation of the pool because that's that has not been past practice out there so well when I drove through the neighborhood I really didn't think this would be much of an

issue than I found out after the fact that that they're also without permit so yeah yeah and wild west out there yeah I mean we appreciate the fact that the homeowners yeah trying to do it the right way sure just a a comment will there be any maintenance need for that roof drain recharge system it's going to have an Artscape over it's uh does that present an issue for the

resident not not so much for me but no but I mean what we could probably do is relocate that outside of the the patio which might be best um we configure the pool northwest corner of the house and just get rid of it entirely if you're going to drag the pool up or whatever configuration I think it's a matter of where do you want the patio up closer to the house or on

the other side of the pool right one or the other so yeah on the other side of the pool would be self-facing so that's why they're trying to yeah get some patio whatever that way any other questions uh motion to table so moved sorry yes hi hi all right thank you next is the notice of intent owner applicant High Development LLC project locations w s Robin I mean yeah WS Robin Street Christmas map is

d-05-0035 filed by Northeast engineer and Consultants uh on behalf of African African proposals to construct a single-family dwelling Associated driveway utilities on the West Side Robin Street Fortune proposed work is located within the 100 foot public Zone a border and vegetative wetlands

and for the record ws's West Side uh so it's on the west side of Robin Street at the end of the road right now the last big vacant lot that's over there we're closing the bridge is construct a single family dwelling there is a well the entire lot is basically yeah but this is above his own only project we're simply looking to construct a single family dwelling at the south side

of the property there is some Wetland that does spill over onto the property at the northwest corner uh but but the Wetland that we're closest to is located off-site just to the uh just to the west of where the proposed dwelling is going to be we are going to be maintaining a 45-foot buffer between the dwelling in that Wetland we are proposing roof drain recharge systems two of them to be

located towards the front of the dwelling a minimum of 71 feet off of the bordering business data Wetland line um and other than that it you know it's a pretty simple single family dwelling filing be happy to answer any questions that the commission might have

an offer for you was approved and filed previously under SCE I believe it was uh 24-714 that was for the development of the three homes that you see that surround this that approve that Wellings line and the resurfacing of both Nightingale streets and Robin Street that you see assuming utility work that was done down there so the site currently now is about entirely cleared down to about where that sewer easement

is now I believe there is also a water easement to the south side of the property which will make sure that it gets labeled to site plan review the only issue I have with this is that the proposed grading activity to the rear yard should be pulled back a distance of of 10 feet these Lots were created and previously developed prior to the 25 foot no touch policy and as you could see here the

the institution of of that 25 foot no touch policy would really eliminate what would be the rear yard to this house so again my issue with the Wetland is off the site itself pulling that work back to be 10 feet from the Wetland and possibly the installation of a post and rail fence along that 10 foot limit with our normal standard language of wetland Beyond this point something to that effect

already other than that Dave supplied with during dry Wells to to accommodate runoff from the clean runoff from the roof proposed vegetation of the site through grass would only improve existing drainage characteristics to 19 000 square foot lot with not a lot of activity and a very close proximity to the well any questions from the board no okay can I just um before some real fence can you see if we

put a retaining wall 10 feet off the yeah I mean if you want to kind of flat ladder backyard retaining wall either or than with the signs on top of the retaining wall because your application may not that's similar to what we had done on Lot number 30. you'll see there's a retaining wall that wraps are on the back of that so you want them to do something similar to what what that treatment is

and Jeff says they're going to bag all with Progressive he's going to take and recycling

all right can I have a motion to issue an order conditions upon receipt of a file number with no adverse comments and uh recommend that the limit of work be no closer than 10 feet to BBW and uh posting rail or whatever uh retaining wall and uh install a long limbs of work with standard uh language or conditions second hi hi hi yes yes thank you can I make a motion to take 9 and 13

together so we can speed it all out and then sure do I have a second hi hi hi yes okay we have uh letters that be put on file uh one is a discussion of new bio map from division of fishery and Wildlife uh 10 is discussion of immediate response to action plan for 714 Main Street next is the correspondent discussion of 401 Water Quality certification amendment number 10. 12 is a discussion of

kilos computer commuter service to 2023 yearly operational plan uh 13 is correspondent discussion of notice of remote public comments hearing for National Group proposals to construct the electric transmission line uh instruction uh can I have a motion to put on files motion to accept and place that file second hi hi yes okay next on the agenda was the uh discussion of uh bylaws

John I'd like to make a motion that we have a separate special meeting for this because we tend to Kick the Can down the road we you know we're here we this meeting ran kind of long but I think I don't know what the available date will advertise it and the only thing on the agenda for that so we meet every month now so pick a time in between when you

guys are all available if anything on that agenda will be that discussion if you have to be a public hearing but if you're all willing I mean I just think we we can't I don't think we can do our due diligence if we're tucking it at the beginning or the end of a meeting I think there's some substantive discussion that needs to take place on this and so I think that you know I just

don't want to know I don't know the state bylaws just got updated too so yeah yeah what do you think for availability and again it doesn't have to be at 5 30 on a Monday night it can be whenever you guys decide is how about Friday night today yes that's my password because of the Clover thing I'm I'm away from April 18th to the 4th of May I just am trying

to keep that time and I'll be out of out of the country I'll be in Cuba oh we can do it before the evening so I'm trying to help you I hope they let you back uh pick a date guys uh let's see they just learned Monday of I mean yeah third Monday of the month I can't do so okay how about next Monday we have to be able to notify yeah so how

long is that yeah May 5th I had to drag it out 48 hours no no legal ad in the paper at least five days too so that's seven days so we can't do today is the third to do before the 19th 17th you're not here John uh well 17th is a holiday oh yeah Patriots Day 18th 18th that's my uh CPC meeting so we moved uh uh six what's wrong with the 17th holiday s closed

it's my day off all right if people don't want to meet them that's a different issue but I mean we could meet somewhere else well I don't think no no no yeah it has to be here yeah closings Government Center is not a great reason for me that's all yeah but public has to have access I'm just trying to get it Reverend when are you coming back sorry not until May what do you leave

18th so so you're not going to be here I'm going to miss the next meeting how about May yeah when's he coming back May 5th May 5th yeah you needed plenty of time to get it in the paper what day of the week is that Monday okay 5 30. sure okay is anybody available anybody available earlier earlier I mean earlier I would not have put it at the end of the day you mean yeah yeah

no everybody else works yeah

empty yeah I'm like I'm looking at my calendar like I need that I've been keeping the time consistency yeah out there yeah let's do that may so why don't you thank you for everything why don't you guys somebody make a motion that would you know recommend that we're gonna have a special meeting on May 8th all right I can have a motion to a special meeting on May 8th 5 30. motion for a special

meeting May 8th at 5 30. seconded yes yes okay uh that concludes no comment just make sure you ask have any comments just general public comment that's one I want it to be said over the microphone any fellow comments uh any uh citizen input no no that's it okay motion to adjourn motion all right that wasn't too bad all right yeah next meeting another 15 depending on how bad expensive it is

you all have a nice Easter brother you also everyone