7.1.24 Conservation Commission

welcome to the far Conservation Commission meeting being held at one government center we're in the first floor hearing room it's Monday July 1st 2024 uh 5:30 uh pursuant to the open meeting RS any person who make an audio or video recording of this public meeting or may transmit the meeting through any medium attendees are therefore advised that such recordings or Transmissions are being made whether perceived or

unperceived by those present and deemed acknowledged and permissible we'll start with roll call to my left lisis Ferrero John brand Jim kusich Paul Amaral Nikita Valencia and we're missing Chris Bo we also have uh Patty agar uh head Clerk and Dan agar Conservation Commission and from FGTV we have Craig um first only the business is uh notice of intent sc-24 d831 owner applicant is Jeff Sylvia

project location 2450 Indian toown Road assessor map is w- 34-12 filed by ecosystem solution Inc on behalf of applicant the applicant is proposing a restoration plan to remove the unauthorized cart path created in around 2017 from an order of conditions from 1997 D file number was se- 24- 289 this was tabled from our last meeting on June 3rd 20 24th so commission members um I can report

that we have made some movement on this we were able to meet with the property owner we were able to get a certified copy of the original order of conditions and get it recorded at the registry of deeds so if you remember that was the first comment we had when they initially filed for this months ago which no one could ever give us an answer to we could never find it had ever been recorded so

it was determined that it had not been we were able to get them copy from 19 1997 the clerk had to stamp it in as being actual and correct registry EDS did accept it did record it so now we can start The Dominoes to stop falling with that being the first thing so with that having just happened Mike lavasier who was the applicant on this working with the owner has asked that the matter

be tabled and he expects to have a number of the items resolved before the August meeting so that's all I can off you on that one all righty uh board any questions Mo to the table some seconded all in favor yes all I okay uh next review and discussion of update on B Rock Road nothing to be added at this time um other than what I had given you at the last the applicant

would be placing some additional fill I did put a call into them asking them to get uh some updated Eros control and the last schedule they gave us was that they anticipated all of the restoration to be complete by the fall so nothing new on that any questions motion to the table motion table seconded all in favor yes okay review and discussion adopting fee structure this was table

from June 3D uh still State still hasn't done anything F finalized their plans I think we should hold off and doing ours till they're done with ours so a motion to uh table motion to table seconded all in favor okay uh next review and discussion of 1262 bre na so as an update um we did receive a draft a water extension and Sewer connection plan if you remember your order of conditions was uh had a

condition of site plan review being completed so they have moved that process along moving to that next step so at least some progress is being made with regards to the site erosion control is still fine they haven't gone beyond the footprint that we had agreed to that they were occupying a few months ago so nothing new to add on that other than that they have moved forward with the

site plan review completion good good any questions a motion to table motion to table all favor I'll second yes all okay next is a request for determination of accessibility of uh- 186 owner applicant Paul furland property location 10 Ferry street accessor map is n-1 14-00 2 followed by right Pierce engineering a better environment on behalf of the applicant the applicant is proposing

sewer pump station mechanical electrical equipment replacement replacement a deteriorated generator house with flood Harden house anchored to a pile Foundation installation of a bypass sewer connection to enable the work to take place outside of the for 25 ft area erosion control protection will be installed to prevent sediment uh from escaping the work site this was tabled from June 3D so nothing new to add the

applicant um who is the sewer department here as working with their consultant to update those plans who knows when they'll come in um if you want to remove it from the agenda and we can replace it back on once we get them so the inter have to keep reading it in that's fine or you just want to keep tabling it and reading it that's okay too up to you I'll make a motion to remove it I'll

second that all in favor all right okay next is a notice of intent sc-24 d839 owner applicant Russell and Cynthia Petty project location 66 Shannon street accessors map D- 09- 0089 filed by Proline engineering Inc on behalf of the applicant the applicant is proposing to restore the existing dwelling and deck abandoned existing septic system and install a new septic system accordance

with Title 5 and the city requirement complete with utilities Landscaping including removal of existing stumps retaining walls steps and add grading along near the rear of the property between the dwelling and the pond so commission members if you remember we had a few items that we had asked the um applicant to address I'll go through those with you we had asked that if the property did it have a waterers

waterways license for the existing structures no there is not one present they're not looking to modify any of the structures so there's really no action for you to take it this time uh so there's really nothing to add for that one uh we asked that they provide the regulated flood elevation the applicant was able to provide a 100-year flood elevation of 143 the number we were actually looking for was the regulated

Pond elevation so the water department keeps that at an elevation of 1332.14 which I think looks about right to your Contours um so we've got that one we had asked what was a 100t setback measured to the bank the water's edge uh it's been provided from the applicant that is measured from the high water mark which I assume would be around that 132 elevation we had asked that the topography on beyond the retaining wall

on the subtly Edge be added so that we could ensure that once the retaining wall is removed that the grading could match and blend into the existing Contours on the subtly side of the property that's been addressed um we did have a general comment that the proposed grading seemed excessive and would direct some runoff to the Abundant properties the grading has been modified you'll see on the RX plan and

greatly reduced from what was previously shown so I believe that what they have proposed now is more than acceptable one thing I would ask is that there is a note with regards to uh the placement of Phil and LOM I didn't see a note about what would be the vegetative cover placed on this new area is it just going to be seated the grass SE okay so there's no gravel driveways there's know

nothing it's just everything's got to be grass yes okay so make sure we do it at a time where we can get grass established you know let's not do this grading in October and then sure have a mud pit dealing it with all the way through the spring we had asked if the existing concrete slab to the South was it being removed or reconstructed it is being removed is the existing rip wrap along

the north side being removed the existing ramp and rip wrap is to remain in place as as it currently exists now and then lastly I had just added was there an elevation associated with the high water mark which we've determined to be approximately 132 so with those things and knowing that it would be loomed and seated I would recommend the issuance some Anon conditions okay would have any

questions no questions okay can I a motion issue in order of condition I make a motion second all in favor yes okay Mo passes thank okay thank you happy fourth next is a notice on tent sc-24 d838 owner BBC reality holding LLC uh applicant as Bristol tape Corp uh project locations 500 Innovative way accessors map is w-1 19- 0187 followed by zenith Consulting engineer LLC on behalf of the applicant

the applicant is proposing construction of an industrial building with associate tree clearing parking uh utility grading uh drainage and Landscaping this was table from June 3D I did speak with the consultant on behalf of the owner they're still working on the revised plans so nothing to add for this just a matter to be table okay motion table so second all in favor yes okay next is all you folks are with the New

England okay just didn't want to let anybody out if they wanted to speak uh next is notice of inent sc-24 d840 applicant owner is New England power company project location existing overhead transmission line row assessors map multiple location existing r app by power engineer consultant PC on behalf of the applicant the applicant is proposing construction of approximately 4.2 miles of new 115 KV overhead

electric transmission line within existing RightWay of row between fall Rivers's Municipal border boundaries and with Dartmouth near Collins Corner Road to the existing Bell Rock substation in forever so commission members if you remember at the last meeting I had asked for some additional time so that I could review the the petition I did do that um first let me offer that one of the first

items we asked for was about the the natural heritage process and where we were at we did receive a letter on June 24th um from them stating that the proposed activity will not adversely affect the resource area habitat so that's that's what we wait for and to get an okay from them um with that being said that was probably 80% of my concern over over the project um when you look

through the the set of plans and the the number of observed vernal pools actual vernal pools potential vernal pools that that run through this property there there's quite a few yeah but what I would offer is that the existing lines probably have or would have impacted a greater degree of wetland area um than than what's being proposed although the project is very large there aren't actually that many locations that

really fall into your jurisdiction yeah around coper cut around some of these little veral pools and pockets and little isolated Wetlands or isolated lands subject to flooding so that that part of it has been um resolved in my mind I did speak with Paul furland the director of community utilities who handles the Water Supplies the secondary Water Supplies he had no concerns he said that um that the electric company's

always very good to deal with anything need ever as for they provided he had no issues with regards to the proposed activities along the uh Northerly edge of coper cut also spoke with Michael laasia the city Forester and he relayed the exact same narrative that Mr furland did and that he had no concerns so the only lasting items that I would see and again this was after reviewing many documents that I had to

review that were um forward to us from one of the abutters Sarah Riley who I'm surprised as is not here this evening so I did look at everything that that she raised I did walk the site at least in the locations that everybody had concerns about so the only thing that I would request is that if you issue an order of conditions that you require environmental monitoring uh with bi-weekly reports and I do feel that the

proposed replication area should be adjacent to the area being altered I know there was a discussion with regards to taking credit for the over replication at the previous site but since no certificate of compliance has been issued for that and I feel that the replication area should fall adjacent to the existing aled areas that's all okay so can I have a they may sorry um National Grid did

try to find an area on the RightWay that would be suitable for wet wound replication but they don't have any fee owned property so National Grid does not own any of the property on the RightWay it's it's all easement so they're not able to perform the Wetland the Wetland replication on um but you can fill a wetland but you can't replicate a wetland within the right of way that's correct you sure you want to

find me that section of the law because we can table them matter you can provide this information without permission from the land owner okay did you have to get permission from the landowner to alter their Welling uh no that is part of the easement rights that National Grid has okay I mean I would recommend then that that you table the matter until we get proper determination of this I believe

that National Grade also discussed that uh plan with the commission when uh while there intent was filed or previously previous prior to the when the notice intent was was filed I believe it was January of 2024 but I'd have to um look at that again all right okay we'll have to table that and look into it further unless you have something else you want to add um I I don't does

the board have any questions I don't know if there's anybody else in the audience I don't know who the last person's here any questions from the audience no all right so have a motion to table motion to table second all in favor I I I yes okay all in favor thanks next is the request for certificate certificate of compliance se- 24781 owner applicant AIS real estate Development Corporation project

locations 11 Brier Road Lane accessor map is -5- 0065 filed by Allen and major Associates Inc on behalf of the applicant the applicant is requesting certificate of compliance on all work that has been completed in substantial compliance with the order conditions so um we visited the site uh had the applicant make a couple of modifications make sure that W signage was installed the way that was required

under the order so I can offer that all the work has been completed in accordance with the uh order of conditions and I would recommend the issuance of a certificate of compliance motion to issue uh CC second second okay roll call vote I mean uh I in favor yes I motion passes uh let's see next is um request for determination of accessibility of Dash 190 applicant is Mark Smith owner

New England power company uh project location Route 24 South assessors map is C1 13- 00001 filed by James Durant and power engineer on behalf of the applicant root energy is requesting the l14 and M13 and 115 KV main lines and a two Tian tap 115 KV electric transmission lines in town of titon Rhode Island these transmission lines extend and the inter connect while existing transmission structures in city

of Fall River Massachusetts and order to tie the replacement conductors to structure and full River temporary access is required to the existing structure to include the insulation of temporary construction matting across bordering vegetated wetlands bvw and uh within the temporary construction matting oh that the 100 foot buffer zone bvw to gain access to structure this existing aex Road portions of which are

located within the 100 foot buffer zone will be improved by adding Stone eliminating potholes and ruts all work to incur the existing and maintain rights of waste

hi my name is uh Jamie Durant this is Carmen dcy we're both representing Power Engineers Mark Smith is not here tonight uh Mark Smith works with Rhode Island energy so we're actually here to represent Rhode Island energy uh the owner of the property is uh New England power National Grid um to summarize R Island energy is re building two uh actually Four transmission lines um the l14 and M13 in in Portsmouth and in

Turin Rhode Island uh those tie into um the lines here in Fall River up near um Ben bence Street and Mariano Boulevard um just south of of cook Pond and then the other lines are the tiban tap lines which run through Idan um you've probably seen them before they're on the west side of Route 24 and those Connect into um into Fall River as well um best location to give you is McMahan street

is a dead end and uh as a clover leaf of Route 24 so we're rebuilding those lines entirely in Rhode Island um what we're going to do is when we hit the the state line um but rebuilding new structures and putting new overhead wires we need to install the new wires to the existing structures in Fall River so there's no transmission structure work proposed in Fall River but we do need to access some

of the structures and there are some Wetland locations um so for the the main line which is over in the cook Pond area uh we be working in the buer zone and so we do have some matting that will be proposing in the barer zone uh we're also proposing to put um a work pad like a stone work pad around one of the existing structures this work will occur within the existing right way that's

owned by m power and then for the T and tap we'll be accessing there's a gate off of the clove Leaf of Route 24 so making some improvements to that existing access road and in order to reach the structures we need to um put some temporary construction matting um to reach the structure uh and also while we pull the overhead wires um into Fall River there's some temporary matting

that's required uh to do the work so it was our interpretation that we thought that you since we're replacing these Electric utilities that majority of the work uh is exempt under the weton protection act um but since we do have some a fill in the buffer zone with a work pad for one of the structures we just wanted to make sure we cleared this with the uh with the Conservation Commission we'll be happy to answer any

questions Bo have any questions no questions no no questions for me I would recommend the issuance of negative determination okay so can I have a motion for a negative determination motion seconded U all in favor hi hi yes I motion passes thanks thank you very much for your time tonight we'll get back to you about the area I just I I can't talk about it now but I just something just popped in my

head that if you guys want to hang on we'll be done yeah quick in these next two items I'll talk to you in sure than uh next is a notice intent sc-24 d841 ddl real uh owner Madison Fall River properties project location 596 Airport Road assessors map is z- 03- 0058 followed by az's environmental service on behalf of the applicant the applicant proposing existing commercial development site

Improvement so um what I would offer is that the hearing can't be opened because the property Act 596 Airport Road the project includes a piece of land to be acquired from 594 Airport Road the applicant did not include 594 Airport Road the Assessor's map the references either on the application the Butter's list a Butter's notification or legal ad so I've advised the applicant to correct

that matter and come before us at the next meeting so I would not open the meeting you can table it to the next meeting in August hopefully they have their stuff resolved okay can have motion to table motion to table second they had provided a letter of authorization from the abutter MH but that doesn't preclude them I mean there was no no reference to that property okay on

anything um all in favor I I I yes okay motion passes next is a request for extension permit for orders of condition sc- 24764 owner applicant is Natalie and Paul comry project location is 221 Fieldstone Lane cess map is -4- 0058 um so um if you remember this is a site of a violation letter and enforcement order so the order of conditions is set to expire I think at the end of July so

this onee ention would give them the ability to keep it active and resolve the um Enforcement issue under the existing order um if you remember they were here at the last meeting acknowledging you finally have a consultant on on staff the consultant apologized for taking a little bit too long but it appears as though Mr Kenra Mr and Mrs kber are finally responding to your enforcement

letter and enforcement order so I would recommend that you grant the one-year extension anybody in audience for this one okay uh so can I have a motion to uh Grant an extension of VO conditions so mate second uh all in favor I I yes I okay um let's see next to request for determination accessibility of- 191 uh owner is applicant is for River Development Authority city of Fall River

uh property location 600 ofall Street map is o- 22-0 012 followed by Beta Group Inc on behalf of the applicant the applicant is requesting the completion of seven exploratory test bits up to 4 feet and uh depth the classify on-site soils determine that landward limit of the stone em embankment at the Northfield Point minimal clearing of brush uh primary poison ivy um will be required at the existing fence sign to

install two 10 foot wide Gates and close off an opening to the in existing chain lck fence to prevent trespassing on the property following the installation of the new gate a mini excavator will be used to perform the test pits no clearing or grubbing is necessarily ass associated with the access to the test fit location the test fits will be back filled at the end of the day and exposed

soils will be stabilized as needed existing vegetation consists of primary poison ivy evasive species such asut Olive um Autumn Olive and um multifloral roses work is proposed within the 25t riverfront area um titled uh influence Totton River and land subject to coastal flooding and Patty had to type it all sorry she asked me do I have to write all of this I said yes if it was written

in the description you have to so we might require that they all get sent in Word document from from now on so that we can cut in PA but how about it yeah uh my name is elas trip from beta group here on behalf of the Fall River Redevelopment Authority um I was the one with the long description so I apologize Patty um but that that summarized everything really well I'd say the only

other thing I'd like to add is that this uh Northfield point is part of the City Pier property it's just North so the borings are really just to figure out what we have for soils on site figure out how far landward the existing embankment goes and that'll help to inform you know future Redevelopment of the property and uh a part of that as well was to there's an existing fence

there to extend a corner of it uh to prevent trespassing as there is a Worn Path that people have been using as well as to install um two gates just using existing section of that uh chain link fence so a mini excavator can get in and out um and then you know keep it keep it locked up so I'd be happy to take any questions or or anything from the

commission if there are any I have no questions I would recommend the issuance of a negative determination we wanted to make sure that this did get or did appear before you because of the attention we were sure it would get if yeah somebody saw a mini excavator out in the middle of this area I have I have a question though there's going to be seven pits um that you're going to dig

and test for M um if this land do you have any idea what this is going to be um for or what's going to be developed on this land yeah ultimately they'd like to use the area for just recreational access so uh there is a little bit of a Beach area so maybe some fishing something like that um but overall it's really intended just to be a recreational space uh there will be

other permitting before you yes was good actually an article on the about it was it you'll definely all the heral knows about the anticipated expanded recreational use of this of this piece of but that when that project happens after that that's going to come back to us absolutely yeah there's a number of resource areas so this will just be to help decide what we can and and should

shouldn't do and then we'll come before you guys with any actual uh work that's proposed and depending on the project is that going to be subject to chapter 91 or anything like that it is we had that discussion yeah determine that process of what what permiting needs to take place sounds good thank you okay so can I have a motion for a negative determination motion second all in favor I yes

passes um can I have a motion for approval amends for June 3rd motion second yes sir I um vote roll yes okay uh no public uh Cien input can I have a motion to adjourn motion to adjourn second all yes sorry you usually you call it's yeah we're all shouting yes