4.7.2025 Conservation Commission

All right, welcome to the forward conservation commission meeting being held at uh one government center in the public hearing room. It's Monday, April 7th uh 5:30. Uh pursuant to the open meeting laws, any person may make an audio or video recording of this public meeting or may transmit the meeting through any medium. Attentions are therefore advised that such recordings or transmissions

are being made whether perceived or unpersceived by those present and deemed acknowledged and permissible. We'll start with roll call to my left. This one here, Lewis Ferrer, John Brandt, Jim Cusk, and we have Patty Agi, our recording secretary, and Dan Aguar will be joining us shortly.

Um, let's see. First is review and discussion of uh updates on Bell Rock Road. Uh we don't have any new updates on that. I actually do. Oh, you do? Oh, good. So, I met with um trustees or reservations with Michael Boss here. Um walk the property. there is some interest on their part to um make it a um think of a word right now but a um basically to reestablish the existing

forested area so there is an interest there um I think they'll be looking for partners if that's the case it's still in they've requested some documents we're going to send them the documents um so once again they'll be I believe they'll be looking partners. I'm not sure what that entails, but so they want to restore the site. If they do assume control, they want to restore the site. More recently, it's been

discovered by ATVs and dirt bikers and they ripped up the hillside.

As we know, the erosion control and everything to stabilize the bank didn't take because of the drought last August.

So, it's kind of a mess up there.

Yeah. Yeah. So, the trustees are interested in making it a restoration site. Uh but again, I think whether or not that'll happen.

I've got a bunch of documents I have to send to them. Good. Well, at least it's progress, right? Yeah.

Oh, I'm sure. Listen, one of one one of we we discussed one of the what we thought was the proposed use was we should open up a motocross facility, right? A regulated one that people pay to go to and and park and and use make make it real, right? But the city can't do it because the liability that you would take upon having motocross lot, but that is a great spot for it.

Sorry I'm late. So, that's the update on Bell Rock Road on as I know more than you guys know. Okay. Anything else to add to that? No. Nope. I mean, as we're heading into the growing season, we expect to see some, you know, greater growth and we'll keep a monitor on it.

All right. Uh review and discussion of adopting fee structure. Uh the state's still in their last phase of uh um approving theirs. So we'll Could I have a motion to table? So moved. Second.

Second. All in favor? I I I I John backing up to 01. I'm assuming you just want to table that as well for continued discussion. Oh yeah. Sorry about that.

Yep. Uh back to Bell Rock. Can we have a motion table? So moved. Second. All in favor? I I I. Okay. uh review and discussion of outstanding uh enforcements. Though at the last meeting, I had informed everybody that we had sent out all the letters um with all of the super delinquent enforcement orders that we had sent out. We have gotten um substantial response from a number of them. Um some that are on tonight's

meeting, some that have just just missed the deadline but were submitted. And then another one um from the Barton Bronson one that correspondence has been made again with the owners uh but they still have not yet filed. So we're we're chipping away. I think we'll Good. Okay. We're not being as ignored as we were before.

That's good. Can I have a motion to uh table that? Motion to table. Second. All in favor? I I I Okay. Next, a notice of intent.

SE-24-843. Applicant owners Marcos Fritz. Uh project location 565 Detroit Street. Cessors map is E-27-0042 filed by Farland uh Corp on behalf of the applicant. The applicant proposing to install an ingground pool and concrete pad paper patio with associated grading. This was tabled from March 3rd. So if you recall, I mean actually tableabling back probably to December, I'm guessing, right? It was a

few months old. This is the site that was determined that the proposed pool area fell within a previously approved wetlands line. Um, and every month the applicant had kept requesting the matter be table. They were working with their engineer. I did not get any response as of Friday. Uh, so my initial comment letter that didn't go out first thing this morning was just recommending that

you act on what was submitted and my recommendation would be to deny the application. Did receive an email early this morning that the engineer did speak finally with the owner again and they were working on a revised plan and that they've requested that the matter be tabled. So I don't have an issue with with the matter being tabled again um so that they can work through a more reasonable proposal. Okay. Motion to

table. Uh, roll call then. I I I I Okay. Next is a notice of intent SE-24-844. Uh, owner applicants Omar Ifka. Project location 1 Middle Street.

As sessions map is H-21-00001 filed by Sukski and Scotsski uh civil and environmental consultant, Inc. on behalf of the applicant. The applicant is opposing site redevelopment of an existing mill complex including parking and storm water management system. This was tabled from March 3rd.

Good evening. Uh Carlos Scoldy with Civil Environmental Consultants uh representing the applicant. I'm joined by Michael Torura as well. If you can hear me okay, if we need microphones here for the record. Uh if you recall, we were in front of the uh commission a number of months ago. Uh we initially presented the project. Ultimately, this is subject to site plan review uh through the city engineering and

planning department as well. Uh we received comments back through that process uh from the engineering department. Uh we subsequently provided some additional information uh which included some detail on the culvert that's the downstream receiving body of this. Uh so maybe just to back up for a second for everybody's uh memory just to reframe the context of the site. Uh we're located along the Tom River. This

is the former mill facility. Uh it's been inactive for a number of years.

It's in, you know, state of disrepair.

It's being degraded. The applicant is proposing a historic rehabilitation of the existing mill buildings uh and then adding a small commercial property along the frontage uh of Gold Street there. Uh so it's really using the existing structures, improving it, upgrading the site, and really addressing uh a site that's been degraded and in portion for quite some time. Uh so the proposal is

190 dwelling units, 222 uh parking spaces, uh and roughly 2900 square ft of commercial space along the frontage. Uh so with the uh back and forth that we had with the uh the engineering and planning department, we provided some additional information. We performed a little bit additional survey to confirm some invert elevations and utilities. We provided additional detail and design

for a proposed pump station that's going to pump roughly half of the sewage from the development to be able to get it up to the elevation of the infrastructure in Bay Street. Uh and generally provided additional information uh and analysis.

One specific thing as it relates to the wetland protection act and the uh matters in front of the conservation commission was analysis for the riverfront area. Uh so the stream that we had previously identified that enters a pond that's at the southwest corner of the site uh was identified to be an intermittent stream. It's all culverted upstream from that. Uh but we did reconfer with the wetland scientist and

we have evaluated it as a perennial stream. Uh so we looked at the 25- ft riverfront area that was associated with that stream. uh we looked at how the project uh complied with the performance standards for that. And within that 25- foot riverfront area, we're actually increasing the amount of pvious and vegetated areas along that strip. So, we're pulling back some of the existing

building foundations that were there and replacing that with parking uh which is going to be in that area. Again, it's more landscaping, a reduction of imperous areas. Uh and we're also going to be able to better control the storm water management runoff from within those areas.

Uh so we did resubmit uh back in February. Uh and our understanding is that the vast majority of the comments have been addressed. There's nothing substantial outstanding uh other than just some uh you know recordkeeping and some cleanup items that we feel confident that we'll be able to address uh with the engineering and the planning department after the fact if needed. Uh so with that, we're happy to answer any

questions or any additional feedback if you have it.

You know, I would just disagree that it's an intermittent stream. I mean, I grew up there. I've never Okay, you made it as a perennial.

Okay. That was one of the comments that came up the first time and we did analyze it as a perennial. Okay. I'm sorry. I didn't hear you. Thank you.

Yep. How deep is that hole? I don't know. I still don't. We did check. That was something that we did figure out. We weren't able to verify with survey equipment because it's hard to get off the edge and it's all fenced off there.

Uh but Mike looked at it was based off some record plans. It's a couple million gallons and when you average L across the square footage, it's around 10 ft deep is what it looks like. It's not so bad. All right. So folk folklore is one thing, right? It's not quite that big. I like Chris's story better. Yeah. So now with the new storm water management, the uh it's going to control the water a lot

better. So the runoff on the Bay Street should be very Yeah, there really should be no runoff really to speak of that goes towards Bay Street. The site slopes to the back generally to the river as most things do. Uh so our storm water management system accepts all the runoff into the site and conveys it to that wetland area that we have uh behind the site. Uh so everything discharges to

that location for the most part. Good.

So the the discharge area behind the mill that conveys water to the Taunt River, that's going to remain the same.

There's going to be no changes to that.

So that area was identified as a wetland. Uh so we're not modifying that area. One of the things that we included as part of the project was a mitigation of sorts to clean up that area, right?

There's just debris and garbage that's been back there. So, it's part of the work they would pick it up, clean it up, and make sure that it's in good shape.

Okay, perfect. Thank you. Any other questions?

Any phone? No. Okay. So, can I have a motion to have an order of conditions with our standard conditions? Make a motion. Seconded. Roll call. I I I Okay. Uh thank you. Thank you for your time. Appreciate it. Thank you, gentlemen. Thanks. Look forward to it.

Yeah, great project. Great project.

Can't wait to see you. Uh next is notice of a tent SC-24-847. Applicant John Henry. Uh owner Harkkins Whitfield LLC. Project location 121 Whitfield Street.

Accessor's map is C-17 lot 0024 filed by Sean Ainsworth engineer on behalf of the applicant. The applicant is proposing construction of a single home dwelling uh table from March 3rd.

Um so just a little bit of back history on this. This has been kicking around for a couple of months now. We had sent a fairly lengthy comment letter to the consultant previously um that they were working on. And we had gone out dug some test pits um to find out you'll see on the plan that it's the site is basically entirely filled down to 20 ft. Two different sections are filled. There's

about a three or a 4ft layer up top that was fairly clean and then the the very historic filled the wetland um down to about 20 ft. So originally again in my letter to you this morning you'll see in that you have um I was recommending denial of the petition based upon that we could not condition this project and meet the standards um of the wetlands protection act related to groundwater supply storm damage prevention

prevention of pollution flood control at 3:30 this afternoon I got an email from the applicant um unrelated I did not send him my updated comments unrelated asking if we could table this cuz he had a sick relative that he had to go take care of. And I said, well, I said, he said, do actually it was, do I need to be there? Are there any issues? And I said, well, yes, there are some issues.

So, I would recommend that you table it so that we, you and I can speak about them before you come back in the next meeting. So, he sent me an email asking to table the matter. And we are going to speak. One of my recommendations was, as you all recall, this area, this is the the weakest link of the entire Whitefield and and Lynwood Street development, right? These are where the

culverts cross under Whitefield Street.

And what I explained to him was I recommended that he work with his two abuing land owners. So we have three land owners that are upgradient of these culverts. The parcel directly across Whitefield is also owned by the same land owner as this parcel. So, I recommended that he work with both land owners and the parcel across the street to come up with a comprehensive drainage design that could correct or improve on

the drainage issues that we're having upgrading it. Beyond that, I would recommend that that this petition be denied based upon the material that it's it's evident that the site is probably a historically filled wetland. Mhm. Um, and then beyond that, being able any drop of water, an increase of of runoff to these coverts that exist on the upgradient side of Whitefield Street would be a detriment. So, proposal in

the revised plans that they had sent back did not alleviate that one drop of water. Um, so under that, my recommendation was to be denied. Um I do think we can give them the ability if they can work with the abuing landowners and I know one of them is here this evening because um for instance on one of the abuing pieces there is a portion of upland that would not be utilized for the

construction of a home on the abuing lot that could be utilized for stormwater control. This applicant does not have the right to do that. They don't own the land, but they could coordinate and both property owners could work together to see potentially both projects being constructed in some form or fashion, including some drainage improvements as well to deal with the entire area. Um, I can't tell you the

hours I've spent reviewing um the past permitting of everything that that's gone on in this area. Um, and every every time I I get done with it, I I leave shaking my head for a different reason. Um, so with that, I could not see this that this project being moved forward. However, I do think it's important that if we have an opportunity to fix it, similarly to how we did it on

the right northerly side of Whitefield where where the applicant same land owner as well that at that time was more than amanable to making some larger drainage improvements for the better good. I think we have the same opportunity now to do this on that south side of street. Provide them the opportunity. So, so with that and and if they would like to build, here's your homework. go deal

with the abuing land owners and see if you can come. And it might mean you have to buy one of the pieces next door so that you can provide additional storm water control or convey water to these culverts. It might be to replace the culprits that go into Whitefield. That's not what I do for a living anymore. But there is a resolution um to this problem if everybody works together. So I think

it's important that we give them that opportunity. Now when I was out there today and there drove around the neighborhood and checked the site, there's in evidence of inundation everywhere. the wetland there are hydrophilic species on site so and obviously it's been the fill has been brought into the location um so yeah is anyone in the audience want to I'm sorry do you want to comment

uh no I just we spoke with Dan this past week and um we've procured a civil engineer to go and survey our land so you know some of some of what he's talking about is is the water that runs off this adjacent land has been raised.

And right now we're our civil engineer is going to survey and see what ramifications have caused any kind of extra water to be on our land and why the water's not remediating from our land. So that's part of this whole process that we're trying that's why we're here. Not who did you end up obtaining services from? You know what?

I left I crushed from Boston. No worries. No worries. But I'm glad you did because I think that's the right thing to do.

um and potentially again working with um the owner of this property. I do think there's substantial improvement that can be made there. And we're not going through the plans again since we spoke last week. I've got four sets of plans that have four sets of invert elevations on those culverts. Some are going in one direction, some are going in another. So, it'll I'm curious to see

I'm curious to see what what what your surveyor comes out uh comes up with. I'm gonna go survey it myself just so that I can I can be sure of it. Um but because that's really one of the most important things, but for the time being, it's my recommendation that they don't approve this project. Um but I do think this is an opportunity for problems to be solved if everybody can somewhat work together. So we'll

we'll give them a shot at it. The other concern I have is you're s you got a significant gradient to your west, right? Right. So you've got that hill that goes up and there's appears to be that's where they are right there appears to be a lot of ledge underneath where you are as I'm looking at the site they're working on now. So that's just shedding water east from you know so

that's the concern I quite a few things that have transpired since you know the last four or five years. Oh I'll bet.

Yeah. Including you know the street not being done burns were removed in front of our land. We questioned whether or not the pipes were tilted the right way to remediate water instead of dumping water in from the back of the houses on Frederick Street. There's a whole situation that we talk about. Yeah, we're aware of it. We have your name and address for the record so that Patty Y

William Tera 1019 Montgomery Street.

Thank you.

Yeah, I had I went through I think I printed 20 aerial reviews with with dates um in preparation to get to you recommending the denial. um that shows the history of and it's obviously was it what's occurred here and I mean and it was somewhat of a farm slash dump at some point in time dating back all the way to that but it's it's obvious not only on this side of the street but also

north of Whitefield of of what's happened out here. So let's hope we can make something good out of a bad situation here. Yeah. I just wanted to mention is originally when I purchased it uh that was before dust came along and everything my land my lot was higher than all the others below. So it my land was here and all the others were much lower than mine and now mine stands the

lowest. Mhm. And and like you said you went out there and dug 20 ft deep and saw questionable fill. Yeah.

at least it seems at least that at least 4 feet is recent within the last 15 years which is we have friends that live on Frederick and we were told they text us every time they saw trucks backing up. Sure. Oh no it's like I said we have aerial photos you know twice a year for the last 30 years. Um so it's easy to track what happened and when. So okay.

So with that I would recommend that we at least table it and give them some time to work on. Can I move to table? So move second. Uh roll call. I I I I thank you for coming out. Appreciate it. Just ask when the next meeting will be just be the first Monday of next month. So what is it? May. May. Thank you. And if you want I mean check in with me. We

will. And I'll let you know if they've come up with something new. I I am sure if if they're not in touch with you then then they're not going to get anywhere.

So I I I think they need to deal with your property as well as the piece on the other side of them and as well as as the parcel that the Harkkins group owns across because they do also own the land directly north of Whitefield that gives them the ability to correct these culprits and there's room to do it. So taking all that into consideration, there's drastic improvement that can be

made if they want to take it. They they could just say forget it, we don't want to build on this and then we we gain nothing, right? But let's at least give it an opportunity if they want to do that. Okay. Thank you. Thank you. All righty. Uh next is a notice of intent SE-24-850. Owner applicant is Antoine Medeiros. Uh project location 440 Captain Circle. Assistance map is Y-6 lot 0030

followed by Mount Hope Engineering Inc.

On behalf of the applicant, the applicant is proposing to install a Fuji clean tank pump station bottomless sand filter within the uh 100 foot buffer zone of uh bordering vegetative wetland.

This was tabled from March 3rd. I'll give you a report first. Um so the initial review um we went through made comments. I can say that the consultant has addressed um or at least provide us the information that we had asked for. Some of the bigger items had to do with the presence of a bordering vegetated wetland across um Captain Circle and that's why their wetland scientist is here this evening because I

do know that he went out and looked at that for them and it does show up on on the plan. So this is for a septic system repair. This is a house that wasn't built all that long ago. Uh but the septic system was found to be in failure. So we went out did some new test bits. the Wellins lines were flagged and title fivewise um it's a fairly heavy lift that the board of

health still needs to approve. Can't get to the board of health until you say where it sits is okay. So what it ultimately comes down to is 25 ft I think 27T 27T to the wetland across Captain Circle. So it's not this isn't the wetland that's on our side. I think we're 50 feet away or 53 feet away from the water vegetated wetland on our side of the property. So I think they've done

um about as good a job as you can um shy of installing a tight tank which is always the last effort. So there is room to put in a system. This is um a a type of a system beyond a conventional system. So there's a level of treatment that the board of health will look at whether they feel it's appropriate or not. But you do have the ability to to condition this project uh

for the installation of this repair septic system at the distances across from the BVW.

Well, the present system is failing.

It's only prudent to replace it.

Exactly. Particularly the proximity to the BBW and so it's really it's really a title five board of health issue for the for the nuts and bolts of it. But because it does fall within 100 ft of a wetland, they did need to file with you.

So that's all I have to offer at this point. I'm I'm fine with it. Conditional upon board of health approved. Sounds good. Uh any questions from the board?

Nope. Okay. Just ask the audience. Is there anyone from the audience? Okay. Uh so can I have a motion to issue a order of conditions uh upon approval from the board of health? So moved. Seconded.

Roll call. I I I I All right. Thanks.

Thank you. Thank you very much. Have a good night. Thanks. Uh let's see. Next is abbreviated notice of resource area delineation. Uh SE-24851 owner applicant one Shaw Street LLC project location one Shaw Street map is H20 lot 00001 followed by Devon How and Bill's Associate Inc. on behalf of the applicant. The application is seek and confirm the boundaries of water and vegetated wetlands. I don't care. So this is um

was in Anrad for a parcel of land that runs along the Tatan River where the Saltine Warrior salt pile is actually right behind the Middle Street project that just got approved right on the water side of that. Um so a fairly degraded site been a bunch of activity over a number of years. It's also the home of um one of the tugboat uh companies that runs out of there as well. So at the time not

being super knowledgeable about coastal resource areas, it was my recommendation that we reach out to a third party consultant to have this looked at. We did receive uh proposals from three very qualified consultants which you all have a copy of. Um I did speak with the owner, the applicant, sent them the same three proposals. They were they recommended or requested that we utilize Brandon Faniff who you're somewhat

familiar with ecosystem solutions. I don't have um an issue with using any of the three. Um there was one that was very high price-wise. I did see that. Um but the other two were fairly close. Uh and I'm comfortable using either of the other two. So it's really whatever if you want to use the cheapest. I believe it was Azenus was the cheapest consultant to use. Um, I think it was

only a few bucks. Yeah, maybe a couple hundred, whether it was 1,800 to,500, but I'm fine with either consultant. So, what's the board's decision?

Well, I mean, we're familiar with Mr.

Fan um and his work. Yeah. His commission. So, yeah, I would agree. No problem with using him. Y Okay.

Okay. That's all you need to do then.

Just make a vote on it and we'll Okay.

Uh, right. It'll it'll be it's still being tabled but for their review. So, can I have a a motion to uh accept the bid from uh the ecosystem? Yep.

So moved. Second. Roll call. I I I make a motion motion to table. So moved. Second. Roll call. Hi. Hi. Hi, Jim. Hi.

All righty. Next is a uh notice of intent SE-24-85. Owner applicant Weaver Cove Industrial Park LLC. Project location New Street. Accessor's map is T-2 lot 0001. Uh filed by Chris Bartoi and Goldard Consulting LLC. on behalf of the applicant, the applicant is uh uh proposing after the fact restoration of an area cleared of vegetation.

So, similar to the the previous hearing, um I advised that the hearing should not be opened as D had sent a notice of deficiency with regards to the submission. I do know that the consultant is working directly with D to resolve those deficiencies. So, until that point, I would recommend that the hearing not be formally opened table to the next meeting. Okay. Have a motion table. Motion table. Second. Roll call.

I I I. All righty. Item number 10. I would um request that you move it to the end of the meeting. I had gotten a text from Mr. Tolman from Northeast Consultants that he should be here by 6, but apparently he's not going to make it to 6:00. So, we can continue on and pick him up at the end, but he should have a table. Motion moves number 10 to the back. I'll make a motion.

Second roll call. I I I next uh request determination of accessibility uh-199 uh applicant uh Paul Furland City of Fall River owners are Claremont Winds Phase 2 LLC uh Claremont Winds LLC Troy Hill Condos Browning Ferris Rigger Leasing uh property location at east end of Kern Street north along Rigenbach extended Northwest of Main Street. Sessor's map is Z-30033 0070 0099 and X01 0001. Proposed activity

involving replacing existing 12-in uh diameter sewer main with a 18in sewer main.

Good job.

Uh good evening. For the record, Claire Hogabone, wetland scientist with LEC Environmental Consultants. Uh Dan Scott, project manager with quoted and current.

Um so as you summarized, uh we are here on behalf of the city of Fall River for a request for determination of applicability uh for phase 1B of the North End interceptor sewer improvements project. Um the commission members may recall we were before the commission maybe this time last year for a similar request for phase 1A. Uh but since then it was determined to be uh more of an

emergency project. But uh we're coming before you for this uh second phase of this project which as you can see um includes portions of I believe this is current road uh intersecting with Rianbach and this is where the uh project will begin. and goes up through Rianbach and turns uh northwest into the landfill property. And right about here is where it intersects with that phase 1B footprint or the phase 1 A, I'm

sorry. Um, and phase 1 A occurs throughout this uh section here. And then phase 1B um picks back up on the north side of Route 24 and terminates at the town line of uh Fall River and Freetown. Um similarly to the uh other phase that we were before the commission for uh it's going to be a replacement of a 12-in uh sewer interceptor with an 18inch diameter sewer interceptor. Um portions of the project uh are located

within wetland resource areas. Uh we have a bordering vegetated wetland in the northern footprint of uh this project where it is uh associated with mother's brook a perennial stream. Some of the work is occurring within the bordering vegetated wetland does not go into mother's brook at all um but it is within the 25 ft riverfront area as well. Um those will be temporary impacts to resource areas.

Uh there's also an isolated wetland uh non-jurisdictional that was identified just north of North Main Street. Um and there's also a bordering vegetated wetland off of Rig and Bbachier. Uh that will also be temporary impacts uh for the excavation and replacement.

uh what's commonly referred to in the city as the North Watupa diversion ditch uh occurs along the western edge of Rianbach Road and takes a turn into the landfill property. So portions of the work uh will occur within that ditch as well. But based on our review of previous filings and determinations by the commission, uh I believe between 2007 and 2012, it's been consistently uh determined to be a non-jurisdictional

storm water feature. Um so just very quickly, um working sort of north to south here, uh these are the 300 series plan sheets.

So we have our isolated wetland within the work footprint here.

Um this is where we have Mother's Brook flowing in a northwest direction and uh portions of the easement and work footprint are within that bordering vegetated wetland. Uh we have a temporary access coming off of North Main Street there. And this plan sheet is uh mostly the North Watuba diversion ditch. And then we have a stretch of wetland uh west of Rianbach Road where we have some of those impacts as well.

Um additionally we have some buffer zone impacts but again all of which will be temporary uh following the completion of the project. All of the vegetated areas in the wetlands in the buffer zones will be um regraded to pre-existing conditions and will be uh spread with a seed mix uh New England wetland seed mix in wetland areas.

Um we are not within the flood plane.

There's no natural heritage area habitat or vernal pools within the project footprint. Um and this project requires uh water quality certification with mass D. So, if they do require any monitoring or reporting, we'll be sure to provide that to the commission for your files as well. Um, so with that, I'll pass things off to Dan to talk a bit more about the project components. I can switch with you if that's helpful.

So overall the purpose of this project is to rehabilitate the sewer with by putting in a new sewer. Um the reason why we're putting in a new one is there's a need for additional cap capacity in the system. Uh this portion of Fall River uh is right for development. Uh the city anticipates anywhere between half a million to a million gallons per day potentially from that area. it was fully built out. Uh so

given that there's a failing sewer or you know portions of it uh that do need to be renewed, it's not an imminent failure. Um it's a multi-beneficial project in that sense for getting more capacity and there's a definite need. Um there's a portion of it through here that's PVC, but it's only 12 in. So we have to replace that. Uh the remainder going down here is ACA cement which is material that's

through here that we're currently replacing. And then it goes to reinforced concrete pipe through this stretch here. There's about 9,000 linear feet total of pipe in the project in this phase of the project.

about 2500 is outside of the city's rightway uh with a bulk of it going through uh the landfill area here.

The contractor who would be awarded this project will likely uh follow this road and gain access to this area to the souththeast through uh there's like a path here that's pretty well maintained and then the remainder is runs right along the access roadway landfill. So we're coordinating very closely with the landfill to accommodate that access. Uh we have details for dewatering uh the construction entrance, silt

sacks among others. We'll have special dewatering requirements for the the contractor that it's awarded.

Just a little more detail here. Um, this is be behind the Troy State Apartments along North Main Street. Uh, so this is the first work going back towards 24 and a landfill. Uh, so there's three pipe runs here. Uh this is where the limits are of our phase right now is that's right within a wetland. And then there's a bridge here and that's where it picks back up in the landfill. Uh we run it

meanders right along adjacent to the brook the north ditch and then follows that that access area I was talking about a second ago all the way out to rigenbach road we have erosion control the details as well that's the project overall if you can explain to the commission how the final grade doesn't doesn't change at the end of it where we've got because we've had some sewer installations that we end up with

mountains through wetlands at at another point in time. I know that's not the case here, but I think the commission would like to hear that the temp when we say temporary mean temporary for vegetation and and grid change so that we're we're not impeding or redirecting storm water once this once this gets installed.

Yep. When the contractor's out there, they'll uh pull out the existing material. Um we've done an emergency repair here before and uh the materials were suitable to be reused. So, they'll be put back in place, compacted uh to a compaction that's going to make sure there's not excessive settlement.

Existing pipes all get removed. I mean, we're laying basically at the same elevations as the existing pipe generally. Yeah, exactly. That's the plan. We're not leaving the asbestous pipe in the ground. It'll be abated properly in accordance with all local and US regulations. I don't have anything else. I mean it's Does the board have any question? It's a minor temporary activity. No, I don't. No

question. Did you say that this was the first phase? This is the second phase.

Second phase. Okay. It's the second phase of the first phase. You may remember we dealt with the the small section where where we had an emergency certification for for getting them through the the part that collapsed and had some difficulty.

Uh this is at both sides of that. Okay.

Um you said D if it was D may require monitoring if at all. Uh if they do through the water quality certification um I think we're currently under review.

Uh and we should expect that within the next month or so. So if they do require any monitoring reporting uh we'll be sure to provide that to you. That's would that include uh Mother's Brook Mother's Brook with monitoring of it or water quality monitoring? Uh I don't know if they would necessarily require any sort of water quality, but it would certainly include you know uh evaluation of any erosion or

sedimentation and ensuring that that doesn't get into Mother's Brook and the contractor will have to follow a SWIP during construction. So they would be doing that as well. Okay. Thank you.

Anyone from the audience? All right. So, can I have a motion to issue a negative determination?

So moved. Seconded. Roll call. I I I I.

Thank you. Thank you very much. Thank you guys. Have a good night. See you.

Next is a request for determination accessibility- 200.

Uh owner applicant is Norman uh Tedd Jr.

Property location 53 Brierwood Lane.

Census map is U-5- Z0067. The applicant is installing a 10x10 shed between the 50 and 100 foot buffer to the uh vegetated wetlands. The shed will be constructed on Sono tubes.

An applicant is also proposed to install a fence from the corner of the shed along the property line to the limit of work as well as the north side of the house to the property line.

I'll give you guys just a quick little update. This is part of the Highland Farms phase 2 subdivision. And so that would subdivision. No, that's not one. That's Highland Farms. Highland Woods is Steam's first subdivision. Highland Farms was I designed it. That's part of Highland Farms phase 2. It's the part that Mr.

Steam bought. But Highland Woods is the one that's off the end of Courtney Street, the older subdivision. He told us it was Highland Woods. That's okay.

Uh um so so everybody gets treated the same out here. When Mr. Tatwell came and asked about installing a shed, I had explained to him that should not be an issue. It fell within the previously approved limit of work. Um that I felt a request for determination was probably the suitable filing and that a notice of intent uh would not be required. So you'll see on the plan set before you,

we have a small shed off to the uh north, sorry, souththeast corner of the existing house falling well within the limits um of the previous work. And then there are also two proposed sections of fencing. One to the north side from the front corner to the property line meeting up with the fence to the abunding property as well as a length along the southernly property line as well. With that, um I would recommend

negative determination, but we'll let Mr. Bisette earn his money and give give a proposal tonight to have we we appreciate you coming. A lot of people don't and it creates headaches for all of us. We were very appreciative. We appreciate appreciative when people come forward before they start a project and um thank you for doing that.

Poor lawn mower was sat outside all kidding. I'm kidding.

Mine did. I'm wearing Yeah, I don't have much to add. It's it's a shed. It's going to be on sauna tubes. Um, and it's within the limit of work. Yeah.

Okay. Any questions for the board?

Motion to issue a negative termination.

Motion. Second. Roll call. I I I I All right. Thank you guys. Thank you.

Let's see. Next. Request for certificate of compliance.

SC-24-661 owner applicant Blunt Fine Seafoods. Uh project location 630 Current Roads map is Z-3-0065 uh 066 filed on behalf of level design group on behalf of the applicant. The applicant has requested certificate of compliance.

I don't think there's anybody here for this, but if you wanted to, Mr.

Chairman, items three, four, and five are similar. Mhm. I don't think you need to read them all in in at the time uh currently, but I I did review the application or the request for the certificate compliance submitted by the representative and um the asbuilt plan that was submitted really only dealt with some of the design items from 2483, which is item four. Um I asked him to submit a composite asbuilt plan of

everything that's out there and highlight in color which sections of construction aligned with what order because we've got a number of orders out here that it gets a little bit confusing. Yeah. Um so he's in the process of doing that. So with that I would recommend that the matters be tabled. However, with item number five, SC 2449, he did request a certificate of compliance for that item

which um the commission had actually issued um a certificate a number of years ago. So item number five does not need to be on the agenda at all. Items three and four will be moving forward waiting for the revised plan and they're both going to be tabled so it's a simple matter both items at once. All right. So I'll read and we'll take them both. Uh okay. Uh item four is a request certificate of compliance SE-24-803

uh blunt uh fine seafood 630 current road map is Z-300650066 along with the uh previous red uh uh request. Can I have motion to table? So moved. Second. Call. Hi. Hi.

Hi. Hi. All right. Uh, let's see. Next is a notice of intent SC-24.

No file number yet. No file number yet.

Uh, owner applicant is Hype Palm. Uh, project location 101 Hayfield Lane. Uh, assessors map U1-39 filed by Jeff Tolman of Northeast Engineering Consultant on behalf of the applicant. The applicant is proposing to rec uh recuplicate 670 square ft of altered border bordering vegetated wetland and restore the additional 940 ft disturbing bordering vegetated wetlands.

So again, we have no file number for this, but I did um so we couldn't open it anyway, but attorney Greg Brilliant, who is the representative, um had actually asked to table the matter um prior to us not receiving the file number. This this is one of the items that was in response to an enforcement order. So, this is one of the items that we're we're slowly starting to tick away

with. Okay. Um so, once we do get a file number, um we can deal with it, which I anticipate to be um at the next meeting.

All right. Can I have a motion to table?

Second. Second.

I uh roll. Right. I All right. gentlemen are here for I think it was the number 10 that you t Oh I I think high development no we were waiting for Mr. Tolman to show up at the end for that one which he hasn't shown up yet so you've got some minutes to take care of I guess or other items and then if Mr.

Tolman doesn't go. I would recommend that the matter be tabled. But okay. So that his presentation can be given, but we'll deal with that one in a minute. But you can still open that hearing and then Yeah, we'll just table. Uh can I have a motion to approve the minutes from February 3rd uh meeting?

March. March. It says February, but yeah, should be March. March. Yeah, March. March. It is March 3rd. I reached uh approve. Uh make a motion to approve.

Second. Roll call. I I I I I no citizen. Oh, I just heard a door. So fingers crossed.

Oh, it's a party. Look who showed up.

We've already done We've wait we've been waiting for 20 minutes for you, Mr.

Tolman. We apologize.

working. Yes or no? No, I mean you're coming. Let's see.

All right. Right. While you set up, you can read it. I'll read it in. Uh, next is a notice of intent SE-24-852 owner High Development LLC.

The project location WS South Beacon Street's map is H6 lot 0013 filed by Jeffrey Tolman and Northeast Engineering Consultant. On behalf of the applicant, the applicant is proposing uh to construct 21 unit townhouse consisting of seven buildings associated access to parking area utilities on lot 13 as shown on the city of Fall River map H--06 located on the west side of South Beacon Street. A portion of work

is located within the buffer zone bordering vegetative wetlands. This was tabled from March 3rd. While Jeff's setting up, I'll just give you my little rundown. Um, so we we do finally have a file number, so we can't we can't open this meeting. That's fine.

Um, this site has an existing order of conditions, if you remember, for a self- storage um building that occupied a great amount of this of this lot with the amount of asphalt that it was um proposing. So, wetlands delineation was approved under that previous application. Um so this project falls within um the buffer zone to that bordering vegetation but does propose a reduction in the impervious surface that

was covered under the previous order of conditions. Now that Jess had his plan up. I'll let him take over from there.

There we go.

I thought you had a pretty full agenda.

I thought we did. Listen, I haven't had Don't mess around. We're official. Yeah, we had a lot of tables. You missed Mr.

Capone. I did. That might have been by design.

Waiting to see him go out. Okay. Good evening.

Um, from Northeast Consultants, Jeffman.

Oh yes.

Yes. Yes. Yes.

We didn't open it. Never found them.

There we go. Thank you. We actually readvertised I mean uh sent the notice in the paper again and we notified about this just to be sure.

All right. Uh yeah, just to quickly go over the project. Um as Dan was mentioning, this is uh this site. Um well, first of all, I'm here on behalf of High Development LLC, the owner and applicant of the property. Uh this site was previously uh permitted for a self- storage facility.

So, this was the this was the approved plan for that facility. As you can see, the the vast majority of what I call a usable area on the lot. Uh because there's about 250 to 300 ft u south of South Beacon, I'm sorry, west of South Beacon Street that's relatively flat. runs at about 1% grade uh pitching from South Beacon down towards uh the wetland here in the back.

Then you get to this point here and it drops about 25 ft over the span of about 100 down to a bordering vegetative wetland and perennial stream uh located within that wetland.

So as you can see the limited work was here on the previous plan. I want to say like 96% of the usable area on that property was going to be impervious as part of this development. So that was approved initiated with order conditions back in 2022 was never built obviously. Um we went back to the drawing board. it sat, you know, sat there for a while and then we um in 2024, in October of 2024,

uh the petitioner went before the zoning board of appeals to uh get a project with a townhouse style project with seven buildings, 21 units. Um so, seven triplex buildings on the property. uh with that particular design that was brought before bought, excuse me, brought before the zoning board of appeals is what you see here. Uh tonight, we have a main parking area uh that provides access and parking for the

uh the six buildings on the north side of the the property and then we kind of have a standalone parking area and building uh located in a little notch on the south side of the uh of the property. the the property is serviced by uh municipal sewer and water. Um there's a shallow uh sewer manhole further up to the north that a low pressure force man will be run up South

Beacon Street to tie into that. All these particular units that you see on the plan will be serviced by an environment one pump or approved equal.

uh they'll be put pumped into two separate force mains then out to that main line in South Beacon Street and then up into the manhole and then the water there's existing water line that comes down south Beacon Street that we'd be tapping into and all the units would be serviced by that. Uh in terms of drainage, the drainage design on this particular project is very similar to what we had on the self storage in the

sense that we're taking all the rooftop runoff from the buildings, collected that in a separate system and recharging that into a uh a cult recharge system which we have located on the uh the northwest corner of the property. um for the parking lot runoff. What we plan on doing with that is we do have a couple of catch basins that'll be located on the west end of the of the parking area.

That storm water would be collected in those catch basins uh piped through a storm septter unit and then discharged into a sediment removal basin which just which is just an extra added level of uh protection to remove sediment from any runoff that gets through the storm septer. Um that water would sit in there until it reaches a certain elevation.

And we we're proposing a uh a level spreader on the on the west side of that. It would spill over that onto a rip rat pad and work its way down into the wetland. Um but the the bulk of the the the the mitigation for the peak rate of runoff would be dealt with the uh the cult infiltration system. Um it's been designed to to reduce the peak rate for

for all of the design storms, the two 10, 25, and 100year storms. Um the limit of work that you see on this plan is uh basically the same as what was approved previously. Although we did um notch out a little area here to tie in uh where our sediment removal basin's going to be able to tie into the grades. But other than that uh it is, you know, the same

limit of work uh that we did have approved previously. With this particular design, there's roughly an additional 20,000 square feet of green space uh that's provided as opposed to the uh the previous plan for the self- storage facility that was approved. Um we obviously are going to put a a siltation barrier along the the western um down gradient limit of work. Um and obviously that'll remain in place until

all the all the construction is complete and the site is stabilized. So, uh, with that, I'd be happy to answer any questions that the commission might have.

Commission members, I can just add that, um, not having a file number, afford the ability to get through site plan review.

Um, so we we did receive comments from the Department of Community Utilities.

None, um, were related to storm water.

They they feel that the storm water proposed is acceptable. There were a few utility issues with water and sewer. Um that will work out through site plan review, but anything that that you would need to be advised of with regards to storm water has been reviewed by that office in mine as well. Uh and that is acceptable under the Massachusetts storm water management guidelines. Um again, I

think a far improved project and of what was previously approved. Um, but you need to look at it as itself regardless of what was previously approved. But clearly storm water is being handled uh appropriately and the distances to the bordering vegetated wetland um are pretty substantial for any of the proposed activities. What's the closest work, Jeff? Maybe 60 ft. Yeah, 60 ft to this uh bump out here um for that

parking area. But the drainage is is basically Yeah. Where's the 100 foot buffer zone? Of course, they didn't highlight. I think you can see it better on the other plan, but just to get an idea. Yeah, let me uh I don't see it. I saw it on one plan, but I don't have Yeah, it doesn't show up well on this presentation.

There you go. So, yeah, that's the Y.

There you go. It's in the design set.

Yeah.

So, 100 foot buffer zone comes through here. So, we're really half a building and correct 10,000 couple this half of the building the the kind of the turnaround area um and the sediment removal base. Got it. Okay. Okay. Nope.

I have nothing else um other than the board does want to condition the the project. No work should begin until site plan review has been satisfactorily completed which we're on the doorstep of that and that no work to begin until copy of the required NPDES permit has been provided. Is this over an acre of disturbance? Would it qualify? It's got uh I believe so. Yes. Yeah. Other than

that standard conditions would presently it's presently a derelct site. So yeah.

Yeah. Yeah. And I think what what what drove this was was the parcel to the south was developed for town houses as well. So it kind of made more sense to keep everything town houses. So I applaud the applicant for getting rid of the the storage units. One thing I would like to ask is I know that we have gentlemen here that are here for this petition if they wanted to come around

and look at the the plan and ask any questions that they have to their back.

Yeah. Are you going to be doing some uh landscaping trees or anything on that?

Um through site plan review, there will be a landscaping plan. Yes. All right, that answers that. I I guess we will.

This is Rudy Serrano. He's the registered deed owner that got the letter from their butter. Okay. Um Terry Gexler. Um what is the buffer? So we we back up to the Cooks Brook, the pennial brook. Okay. So we live on base. Oh yeah. Down the bottom. Okay. So, there's a grade, I think you alluded to it, 25 to 100 ft. Is that going to be touched at all or what is the buffer zone? It

It's a natural barrier and there's a ton of wildlife. There's deer, raccoon, turkey, blue heron, you know, there's a lot of concern. Yeah. No, we we um the only thing we're going to tap into a little bit of that slope at the very top just to get our drainage system to work because you know which Jamie is Jamie still owning this or did he No. No. No.

Okay. So, he was the storage unit. I believe he bought the the land between Chase and Sprag.

Sold it off to Kenny. Um and then the theos who built the eight houses. But he leed the six acres of rough about kind of pie shapes from our backyard the brook to that piece. There's a 20 foot 25 ft drop over the span of about 100 ft. So it's a pretty significant slope and then it goes down into the wetland and you have the the cooks brook you call it coming through there. So and

you're on the other side right of of the the wetland and the brook. So yeah, I mean that brook and wetland's going to intercept any storm water from this site in and carry it, which is fine. That's your job. Mhm. Correct. Which is fine. I understand there has to be, but being a natural barrier, I didn't know if there's going to be like hiking trails, ATVs, you know, allowed in that area

because it would at that point it would disturb. But yeah, other than I think you have an existing tree line on one of your sheets, Jeff, that you can show them. Yeah. What's being preserved generally? Yeah. just well so just um it shows up again better on the okay so here so you see the existing slope of the contours right here that's that's our limit the top of that slope is kind of

where we're going to we do have a little bit of grading in this one particular area because of the storm water basin here the sediment remman is so you have like I'm sorry I don't have my glasses uh south beacon sheet is where self is here. So Ferman is like yeah that's that piece and then again this is the only thing we're developing is the flat area up at the top of the

hill once you get to that the top of that slope right down I mean a little bit little bit of grading into that just so we can get our water to drain on that slope but that's it. Okay. No no no structures or anything like that. Yeah.

And this isn't a question for you people. It's probably the zoning board, but I know you touched on the parking north and south of of the project, but Globe Mills, which is Bay Street, which again kind of across the street from us where they built Cus Middle School and I think the other project was they were talking about. But traffic wise, is that going to be an issue or how? Well, traffic will only be

able to utilize South Beacon Street. So, this South Beacon Street is a dead end technically, correct? But it isn't right now because people Well, you can drive through and get through the Duro the old Duro facility to get to Globe Street, but So, are you planning on blocking off? Well, we we can't because there's another development south of us that has to have access.

Neither of those properties has legal rights to continue through the Duro property to glo uh to Glo. They do now though. They they do now because it's all you can you can drive from South Beacon Street which is a public way. Yeah. Onto Duro's property and drive through Duro's property which is considered trespassing. So yeah, you can't stop two-legged animals from doing what they want to do. Right. However, this

applicant has legal access through South Beacon Street. They are not allowed to continue. So, that's what I'm saying is that dead end, which is Beacon Street, South Beacon Street onto Duro property, is that going to be discouraged? How does that be up? It would be up for the owner of Duro Duro to stop people from going through. Got it. Yeah, they could block that right at the end of the rideway because the South

Beacon rightway ends at their property line and they could put some type of barrier up and nobody would be able to pass through. Now they there was zoning board of approval for that Duro property that connected South Beacon Street to Globe, right? But until that gets built, that connection is not formal or public.

Even once it gets built, it's not necessarily public. They could gate it if the duro property owner wanted to gate it at the end of South Beacon so that people couldn't cut through. Okay.

So they'd have to exit the spray, go down the bay or go up to Broadway. Yeah.

Yeah. So they won't go at this point.

And again, it's hypothetical because it's down the road, but your property you again, Duro has the ability to chain or commence or whatever, but no heavy traffic on Chase Street cuz right now Center Street stops. There was a paper street. Yep.

And part of the zoning board of appeals process was the paper street would disappear because it allowed for more properties and more buildings. So right so the paper street of center street was not allowed to be discontinued. So that always exists.

Center Street still exists on paper and if someone wants to build Center Street, they could, but I don't see a reason for it. But the abuing land owners have the rights to utilize Center Street. And that was part of the argument during zoning board of appeals is that the Duro property could not impede others abilities to use Center Street. Remember that they wanted to park cars in there

and I explained to them you can't put your parking in center street because the abutters on the other side of center street have rights to the entire width of center street and you cannot impede them by your parked cars. So they had to revise their plans to get those parked cars out of center street. Okay. So other people do have the rights to utilize center street. This landowner

does not own the rights to use center street because they there's actually a 10-ft strip between this land owner and center street. interesting. Um, what is the buffer zone between the brook cook overflow or whatever column it doesn't have a name? We got to give it a name because it comes before this commission all the time and it doesn't have a name.

What's the distance between the the stream and your limit of clearing?

It's got to be over 100 foot buffer probably. Well, the buffer took away streams way off. Maybe another 20 or so. Yeah.

You know, the stream the stream does get Well, yeah, it's got to be over 100 ft.

So, it's not six feet or 10. Oh, no, no, no, no, no. Oh, it's quite a distance cuz then it the piece of property then pitches down to the stream is here off the property, right? And there's a bordering wetland that sticks up off of the stream in this particular location which drags that up from being over here pushes it up that way. But the stream itself, I mean, that's we're not going to be working within

100 market. Yeah. Well, that's just grading. No structure. Again, that's so that the water that gets in this basin will be able to drain down the hill.

This the bottom of the basin will lower than the top of the hill right here. So, we have to keep out that top of the hill to get gentlemen. Thank you. No worries. Thank you for coming out. Thank you. Welcome.

So, can I have a motion to issue an order of conditions uh with the uh following site plan review and a required copy of MPDES permit? So, moved. Seconded. Bo. I I I thank you very much.

Can I have a motion? Thanks for your patience. Oh, you're welcome. Have a motion to adjourn. So moved. Seconded roll.

I I We do have a new member coming on.