6.2.2025 Conservation Commission

Uh welcome to the forward conservation commission meeting being held at the one government center. Uh it's Monday, June 2nd, July u 2025, 5:30.

Um soon to be open meeting laws. Any person who make an audio or video recording of this public meeting or may transmit the meeting through any medium.

Attendees are therefore advise 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.

Chris Bole, Lewis Ferrer, John Band, Jim Kusik, Drew Carlin, Tim McCoy, and we also have Dan Aguiar, conservation agent, and Patty Aguar, recording uh clerk, and we have from TV, uh, Craig.

Okay, first on the agenda, discussion and update of, uh, Bell Rock Road.

So, I went out this morning. I think you saw an email that I sent before to to Lopes. The the vegetation's not coming in well. I had thought over the last month of a little bit warmer weather and rain that it was would be better. Um, it is not. They're still very sparse. So, I reached out to the applicant asking them to come up with a plan or go hydro seed

and go do something. Um, he has not responded to me yet, but we'll keep an eye on that. And I mean, this should definitely have been more than uh than what's out there. And of course we can see plenty of tire tracks. So somebody's driving through there. But note but not to the doesn't help if not to the extent. Yeah. But it's not to the extent that I think it's impeding vegetation

growth because even on the slope. So you can see the tire traction and you can see other areas where there are none.

Still the grass isn't isn't going in that well. So we'll see if they can hit that again with something. And a couple of the trees are dead. So we'll have them follow up on that. And then also in that email, I did reiterate that once we do get the vegetation established that we will be looking for them to get into the wetland area and pull out all of that silt before that gets done. So,

they've been fairly responsive to date.

You know, they haven't run away from this. So, we'll stay on. Has the is the hydro seating truck still out there, the tank? No, I I saw no vehicles out there.

Maybe it'll be coming back. Hopefully.

That's it. So, we we'll keep an eye on that and we'll report back to you again next meeting. Okay. So, can I have a motion to table this till July 7th?

Motion to second. All in favor? I I uh next is review and discussion adopting fee structures. Can I have a motion to move this to the end of the meeting? So moved. Second. I I John, if we can only because we only have a couple of people in the audience.

Can we move number two under new business for 77 Briwood Lane so that we can let the applicants get in and out of here. Thank you. I move Bri Wood Lane.

Second. All in favor? I I Okay. Uh item two is a request for determination of accessibility-201 owner applicants Jason Lopes. Property location 77 Brier Wood Lane. Customs map is U-5- Z0068 followed by Phil Cado and Allen and Major Associates, Inc. The applicant is proposing to install a 27 foot diameter pool with 3x3 concrete pad and pool filter as well as electrical conducts spanning from meter to the pool

filter location. The proper property applicant is also proposing a six foot high privacy fence around the perimeter of the property. Great. So, uh, what I can offer to you is that first, do you have a copy of the legal advertisement that was put in the paper? I don't know.

I don't know if Phil's here. He's supposed to be here. He's not here yet.

He's not here. Okay. Yeah. I don't I haven't met him in person, so everything. So, what I would offer at least is that this is for an above ground swimming pool. The wetland itself is actually so in between the wetland and this area is a detention pond. So it just happens to fall in the buffer zone.

Um with that being said, all of the pool equipment would have to be more than 25 ft away from the wetland because the detention ponds in between us anyway. Um so I what I would offer is that with with getting a copy of the legal ad that I would have no issue with a conditional approval based upon them providing that copy that the ad was placed. A bud notification is not required for a

request for determination. So no issues with that. So if you want to stay and wait for Phil. Sure. See if he comes in.

But okay, great. The only thing I would offer is do we want to require um a drywall backwash?

We can. Yeah. Which is which is another go into the into the into the pond.

Sure. That's fine. Yep.

So we're looking for is a 3x3x3 foot pit with crushed stone and that's what you put your backwash effluent into when you backwash rather than getting to a ground rather than piping it into the detention pond. So it goes into a little hole in the ground. That's all.

Okay with that. Do we have to do we have to apply for a permit too for the pool itself or is this So this is the conservation commission permit. the building department. You have to get an actual building permit for the pool, which I think you already did, but I came in and I don't know if I ever actually went back there because when we talked that day, I think I describ

everything home with me. So, okay, I can do that. Right. So, if you guys just want to somebody want to make a motion to approve that conditional upon receipt of the legal ad and requirement of a of a 3x3 by3 uh crush pit to accept backwash material.

make that move. Yeah. So moved. Second.

Okay. All in favor? I I So we tried to get you out of here, but without the ad, we can't. So maybe I think you saw that we were 11th in the world. Oh, maybe. Yeah, that's okay. If you want I don't know if you can text him or want to let him know. Yeah, I'm going to give my stuff. I appreciate that. Yeah, no worries. Okay, back for uh review and discussion. Outstanding

enforcement orders. I've got nothing new to add. Um, we do we keep chipping them chipping away at them. Um, there is still one on the agenda tonight. I'm concerned that we don't have some people here at this meeting and I'm wondering why. Um, so we will see. Okay. Uh, motion to table that till July 7th meeting.

Motion to table. So seconded.

All in favor? I Okay. Uh, next. Notice of intent SE-24-843. Applicant owner is Marco Fritz. Project location 565 Detroit Street. Assessor's map is E-27-0042 filed by Farland Corp on behalf of applicant. The applicant is proposing to install an ingground pool and concrete pad and pavers and patio associated with great grading. This was table from May 5th meeting. So my report was sent to you on Friday. At that time,

I said no additional information had been received. We did get email correspondence today from the client's representative apologizing for not getting as revised material in time for tonight's meeting, but again promise to have it in before the following meeting. So with that, I would offer them the ability to table the matter and see if they can get some more advice.

Have a motion table.

Second. I I I I motion passes.

Next notes of intent SE-24-47 applicant John Henry owner Harkkins Whitfield LLC project location 121 Whitfield Street Assessor's Map C-17 lot 0024 filed by Sean Ainsworth of Insight Engineering on behalf of the applicant.

The applicant is proposing construction of a single family dwelling. This was tabled from May 5th. So at the May 5th meeting, you may remember the applicants requested to table. There were two abutters that were here. Um and that's one of the abutters that we said that they should all work together to put their projects together. So we were able to supply those neighbors with all of

the information that they needed for their property, the culverts that are underneath the street, and they are working with the consultant for this project to see what they can put together. So although I did not receive an email from this applicant or this consultant, I did speak to the abuters that were here last week told them that nothing new had been filed and that they said that they were working as as a

group to trying to come up with something. So with that, I would I would recommend that the matter be table.

Motion to table for the July meeting.

Second. Okay. Roll. All in favor? I motion passes.

Next abbreviated notice of resource area vilation. Uh SE-24-851 owner applicant one Shaw Street LLC project location one Shaw Streets map H-20- 001 filed by Devon How and Bills Associate Inc. on behalf of the applicant. The applicant is seeking to confirm the boundaries of bordering vegetative wetlands table from May 5th.

So this is the project that we had sent the wetlands delineation out to a third party consultant Brandon Fann uh from ecosystem solutions. He's still working on his report. I I have been watching emails back and forth between him and through with Devon about getting getting the delineation approved. I know there was a question about multiple coastal banks on the property, which was which

was good to see because it was one of the the ideas that I had about the property. So, they're still working that out. So, we do not have a final report from the consultant with that. I would recommend that the matter be tabled.

Okay. Motion table to July 7. Motion table. Second. All in favor? I I passes.

Next notice of intent- 24-85 applicant owners Weaver Cove Industrial Park LLC. Project location New Street such as map T-2 lot 001 filed by Chris Fatulli of God Consulting Inc.

LLC. On behalf of the applicant, the applicant is proposing after the fact restoration of an area cleared by vegetation. This was tabled May 5th. So this is the project that D had issued the notice of deficiency. They have still not gotten past D as of today.

Still no file number. I did speak with attorney Nylan if you remember who was their representative. They are still working with D to um to get past that. I guess D at one point had asked them to file his ecological restoration plan. Um so they've been working with them, but until that point there's nothing for us to do. Does this go back to This goes back months and months and months probably. Yeah. Okay. So, they

filed they they finally filed a notice of intent with us but D would not issue a file number. I felt the application was deficient as well um which D went even further which I've never seen to not only not give a file number but actually issue a letter of deficient filing which is pretty substantial. So they've D's acknowledged the fact that they've they've been egregious in their wetland violation and what they had

submitted was not was not adequate. So that's good to see D taking these things seriously on our behalf. So with that just would request the table. Okay. Do I have a motion table till July 17th?

Motion to table. Second. All in favor? I pass.

Next abbreviated notice of resource area SC-24-854. Applicant is uh Kenneth Malikome of High uh Development LLC. Uh owner is proh Porter Street Realy Inc.

Project location 47 Slade Slade Street.

Cessor's map is H17 lots 002 and 0027.

uh filed by Jeffrey Tolman a northeast engineer and associates on behalf of the applicant. The applicant is seeking to affirm boundaries of bordated uh wetland. This was tabled from May 7th.

So we were got f it got tabled because we didn't have a file number um because D couldn't find their check. They found the check issued a file number. Hearing was scheduled for tonight. We reviewed the wetlands line. Have no concerns with regards to that. It is accurate. I looked at the wetlands change um which we won't discuss only because I've just gotten a text from Mr. Tolman saying

that he forgot there was a meeting tonight and is requesting that the matter be tabled. So with that motion to table to the July 7th second one. All in favor? I I Okay. Next request amended orders of conditions SC-24-764. Owner applicant is Natalie Kar. Uh property location 221 Philstone Lane. This is map U-4-0058 followed by Oxbow Associate Inc. on behalf of the applic the applicant is seeking an

amendment order of conditions. This was tabled from May 5th. So this we finally got a complete submission. This was in one of the enforcement actions. Um yep the patio, the outdoor kitchen, the whole nine yards. Um plans came in. We received the plans on May 20th. I did send a review out. you'll see in my comments. Um, so on the submitted plans, one of our initial comments was that

they didn't show on those plans where was the original wetlands line so that we could contemplate any alterations.

New plans came in show the original wetlands line and yes, there was certainly a small little triangle that was an altered wetland. So my response um to them was that they should be submitted they should be required to submit a BVW alteration uh replication area plan for that small area. There's plenty of room and that also not only are they dealing with the enforcement action, but there was a rear

yard uh area that they wanted to turn into a lawn as part of part of this overall project. Um two items that are are perfectly permittable, but they're not here tonight. Um, I was expecting them. So, what I would say is although we only have one or two items left to take up, if you want to table that matter until see if they show up, give them a couple minutes. I mean, they were

scheduled to be number 10 and we're only 15 minutes in the meeting. You should show up at 5:30. No matter what spot you are in the meeting, but we can give them a few minutes, I guess, before.

A motion the table to the end of new business arrival. Yep. That' be great.

Second. All in favor? I I Okay.

Uh, next is a request certificate of compliance SE-24-776 uh, AIS Real Estate Development Corporation. Project locations 27 Courtney Street MAP is U-50074 filed by Philip Federo and Alan Major. On behalf of the applicant, the applicant is requesting a certificate of compliance. You just want to say that this is the first item for new business.

Yes, you did say that. Okay. Sorry, that's fine. there. Um, so we're going to be we're going to get something accomplished. Yes, all the work has been done in accordance with the approval and their ASBO has been submitted and the appropriate paperwork. So I would recommend the issuance of a certificate of compliance. Motion issue with certificate of compliance. Second. All in favor? I motion passes. Uh, second is

request for determination of accessibility-201. Owner applicant is Jason Lopes. We read that one. Have you heard Dr. Phil? He was about 10 minutes out. Okay. So, I told him that you guys heard it. So, he's like, "Well, you don't need me tonight then because I don't have the legal ad with me." Okay.

So, he said he's going to email it to you first thing tomorrow morning when he gets into the office to close the loop.

Excellent. You may leave. So, he pulled a YouTube. Appreciate you. He better not charge you for this meeting. He said he goes he goes, "I didn't show up, so I'm not going to charge you for Well, he shouldn't have shown up without the without the ad anyway." No. Thank you.

Have a good night. Thank you. Next.

Yeah. Do you need a motion on that?

Ending the ad in the U. Yeah, we already did. We did. We did. We already did.

Yeah, that's okay. That's whether they showed up tonight or tomorrow wouldn't matter. So, that's good. But thank you for the question. All right. Next.

Notice of intent SE-24-85. Uh owner applicant is forward redevelopment authority Sarah Page.

Project location 600 Deval Street.

Accessor's map is 0-22 lot 0012 filed by easily trip of Beta Group Inc. on behalf of the applicant. The applicant is proposing installation of public pathways. Development of three new mooring fields, installation of a dingy dock along within the northfield port to increase public boating access, enjoyment of the waterfront, repair, existing um deterioration, reinvestment surrounding Northfield Point are also

proposed.

So, we have no file number for this one, so we won't open it. Um, which is good cuz I needed more time to review this one because it's fairly complicated project, but a good project. Um, so we'll wait till next next month. We'll have a file number and we can deal with that one. Okay. Motion to the table to the July meeting pending a file number.

Second.

Okay. All in favor?

I see if I can find if I can go find Greg. You want to go?

So item number four which is a discussion if you remember Greg Brilliant was in uh before us at the last meeting regarding the 101 Hayfield Lane enforcement action that that we had come to a resolution but we'll let we'll let him follow up. So let's hear you pitch with what you want to do. Good evening members of the board. Madame clerk for the record attorney Gregory Brilliant on behalf of on behalf of Hype

Fam. Um we were here last month and uh the board was uh very good in in allowing us in order of conditions in order to um keep his keep his uh p patio and also to replicate the wetlands. What I'm here today is and it's much my fault as Mr. Fam because of the language barrier. All I'm really asking is this for is because when I asked about the

fence, I said it was going to go right around the the the patio itself. And if you look at the plan, you'll see that the patio's got all these jogs. So, all we're asking tonight is if we could put the fence right on the back edge of the replication. So, it look like this, the green lot, the green line. And that's all the change we're asking for. Be more it'll be act actually much more

aesthetically pleasing to the neighborhood because it won't have all those jogs that will go in and out all around this uh deck that he put in there. So, that's basically um what I'm here for tonight. So basically what will happen is a a portion of the replication area which if you remember ran along the edges of the patio will fall on the landwood side of the proposed fence.

Correct. That that would be the difference.

But it we need you need to be sure that it remains a wetland, right? Which whether what side of the fence it's on doesn't really matter, but I want to make sure that someone doesn't think that this is a landscape yard now. and you can cut everything down. So that's and Mr. Agia did tell me that because I went into the office afterwards and I impressed upon my client and had some

come over and interpret that he doesn't now just think this is his yard, right?

That he does have to still replicate the wetlands irrespective of where he puts that fence. So he's well aware of it. At least he's well aware from the standpoint that I have told him specifically with an interpreter. So he knows that that's not just a yard go plant fencing but patio furniture so forth and so on. He knows that's replicated wetlands. Hydraulically, there would be no disconnect. So, it's

not like he's putting in a retaining wall separately. So, would this would the wetland signage still be applicable inside the fence line? I mean, I don't see why not. You can put it on the fence. On the fence. Yeah. Fence line.

Whatever whatever you desire. So, if you notice, uh, Greg, on the other properties where the wetland, there are signs indicating that it's a wetland area, buffer zone, things like that. So, I think what we would probably want is for that sign to, you know, that same signage to be there because all the other names have. Yeah, the sign should be probably right at the edge of the patio to be honest with you. That's

fine. Yeah, no problem whatsoever. Yeah, because the location of the of the of the signs are the locations of the signs, right? Regardless. So, that's fine. And and inside the fence, it wouldn't have to be a lot of signs, you know. No, you just probably both sides on the back side of the patio is still the edge of the well. It is it's only it's only the parts that wrap

around the sides. So the back edge of the patio is the back edge of the wetland line. So there'll be a sign there anyway and that's where the fence will be. It's it's the two little wraparound strips on the side. Yeah.

Yeah. As long as we've done what we've done with the other neighbors and have that sign. Yep. Yes. Have no problem with that. Mr. All right. I'll make a note on the uh on the approved plans in the order on the order.

Motion to approve the alteration of the fence with the wetland signage at each end. Seconded. Perfect. Okay. All in favor? I. Okay. Thank you, gentlemen. I appreciate your patience. Thank you.

Thank you, brother.

Uh can I have a motion for approval of the minutes from May 5th?

So move. Second. All in favor? I Okay, I'm gonna go back to fees a little bit, right? Yep. So, if you remember, this is three years ago, maybe even longer, we wanted to have a discussion about creating a bylaw and some additional fees. That time, D was undertaking some modifications to their regulations, which they have not completed. So, we're not sure where they're at. So, what we

wanted to do is begin to contemplate preparing our own bylaw with our own fees so that it's one I think we at least have it in place and then if we need to make some modifications to that based upon D stuff before we institute it then we can do that. But that doesn't preclude us from at least beginning to come up with or contemplating what other regulations or whatever fees we want to

institute. So we're not going to discuss or approve anything tonight but we're going to get this back on the agenda to start having those discussions. So if anybody wants to on one-on-one come in and have a conversation with me or look look into it yourselves. But at the last meeting hopefully we can have some substantive conversations about what can we be doing for additional bylaws and we

can as we talked about you know limp into this being really just formatting and fees to start before we start digging in with additional regulation regarding wetlands. Um and that's probably you know where we should start from. What I'll do is I'll get a couple.

We had done this before. I'll get a few copies of adjacent communities that have their own bylaws. Some are fairly intense, some are fairly simple. So, we'll talk about how should we start and I think we had some positive discussion and we looked at other municipalities like municipalities.

Yeah. Because you know it's hard to compare Westport. So we looked at like municipalities and I think we made some progress in looking at these structures and where we landed. Some are really up there and some were minimal and for us none at all in some instances. So um yeah I think and all we have to do is modify what we've done when they finalize even if it impacts a fee structure or bylaws modif. The

conversations I had with the chairman were that okay if if we want to contemplate instituting fees and then what happens if D comes in with new fees that are greater than what we just anticipated for a bylaw. So and at that point we can make an adjustment. So, so there are towns that have not a specific number dollar amount, but a percentage increase of whatever the filing fee is, like an

additional 50% of whatever the state fee or an additional 50% of what our our part of the fee would be. And it's probably better off doing something like that than a specific flat number of $100, right? That that would not change.

That may fall within D's new increases.

So I think if we just deal with percentages we'll recover and wouldn't change then 10 15 years from now they could be insufficient. So as long as it's like anything interest rates tied into the prime rates indexed to y. So we'll we'll dig out everything that we've contemplated in the past. We'll bring that all up. I can send it back all out to everybody anybody that wants to have a conversation and just to have

a an idea and and start moving forward.

Not that we have to jump on this immediately, but it's something that we should take up. No, we don't. We won't.

Right. And and we can't just sit around and wait for D forever. So, there's no reason that we can't get the process started. That's all I have to offer. So, do we want to call a special meeting or do I don't think we need a special meeting. Um I I think we just put it on the agenda. Um I think it's important that we take it up at the end of a

meeting so that we're not holding up. I don't want you to feel pressured during your discussion when you've got a room full of people. So, I think it's better like email or like I said, go in and, you know, set something up with Dan at least for the short term. Yeah. And I can I can put that all together as one, send that all out so that you all have

something to when you when next time we come in, you should have something to look at. It's just not in your head. And we don't want to make it complicated and harder, but we are missing out on what fees. Well, I think that, you know, like we said, indexing it and Dan, indexing it to D fees is a good way to go because any then time then anytime any fee goes

up, it's not on us, it's on DP.

It's just simply a percentage of it. All right. Good. So, can I have a motion to table that uh for the March uh March July 20 July 7th meeting? Some moved and seconded. Okay. Then the only other thing I all in favor the only other thing I have on uh new business is uh MAC is offering courses again if anyone wants to take them. Uh it's nighttime. We do have we do have

you know money in our wetlands fund to to pay for anybody who wants to go for any type of training. Um so if you get on the MAC website Massachusetts Conservation Commissions if you want to just email us we send you the links.

Okay. There's usually a few different kind of courses that you can take online. It's on Zoom and uh you could participate or you can just sit and watch. You can leave your camera off.

Yeah. You don't even have to wear pants.

Yeah.

I saw the smile on your face.

One good thing about co All righty. Uh can I have a motion to adjurnn? So move second. I I thank you.